Tweet
Employer asking legal fees for H1B after rejecting offer but before H1 transfer filed
Hi,
I got an offer from Company A and asked them to start the visa transfer process. They took around 1 month to initiate my visa process.
Just before filing for H1B transfer paperwork, I asked them to cancel as I decided to accept another offer from Company B. I confirmed attorney has not submitted any paperwork to USCIS. They just got an LCA.
Now, Company A is asking me to refund legal fees $4000. Since they never filed for my transfer there was no USCIS fees involved.
Before starting the whole process I signed an at-will employment letter. Later they also made me signed an amendment which says as follows:
============================================================ ===========================================
"Amendment to Offer of Employment"
In addition, to your starting salary and benefits as stated and agreed upon your September 13,2012 offer letter, "Company A", Inc. will support your H-1B visa whereby the costs of this sponsorship will be covered by the Company and will be contingent upon your continued employment of at least 12 [twelve] months and good standing with the Company. In the event of termination for any reason before the 12 [twelve] months, you will be responsible for reimbursing the Company for all costs incurred retroactively.
Your signature will aclarowledge that you have read and understood and agreed to the terms and conditions of this amendment. Should you have anything else thatyou wish to discuss, please do not hesitate to call me.
============================================================ ===========================================
Am I liable to pay this legal fees? Legal fees they claimed to have paid is $4000 which in my opinion is way to much!!
Any help would be greatly appreciated.
Thanks in advance.
I got an offer from Company A and asked them to start the visa transfer process. They took around 1 month to initiate my visa process.
Just before filing for H1B transfer paperwork, I asked them to cancel as I decided to accept another offer from Company B. I confirmed attorney has not submitted any paperwork to USCIS. They just got an LCA.
Now, Company A is asking me to refund legal fees $4000. Since they never filed for my transfer there was no USCIS fees involved.
Before starting the whole process I signed an at-will employment letter. Later they also made me signed an amendment which says as follows:
============================================================ ===========================================
"Amendment to Offer of Employment"
In addition, to your starting salary and benefits as stated and agreed upon your September 13,2012 offer letter, "Company A", Inc. will support your H-1B visa whereby the costs of this sponsorship will be covered by the Company and will be contingent upon your continued employment of at least 12 [twelve] months and good standing with the Company. In the event of termination for any reason before the 12 [twelve] months, you will be responsible for reimbursing the Company for all costs incurred retroactively.
Your signature will aclarowledge that you have read and understood and agreed to the terms and conditions of this amendment. Should you have anything else thatyou wish to discuss, please do not hesitate to call me.
============================================================ ===========================================
Am I liable to pay this legal fees? Legal fees they claimed to have paid is $4000 which in my opinion is way to much!!
Any help would be greatly appreciated.
Thanks in advance.
Comment