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Issue regarding H1B transfer and Offer letter

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  • Issue regarding H1B transfer and Offer letter

    I am currently working for company 'A' under H1B visa. I got offer from company 'B' and they filled for H1B transfer and they got approval. My starting date is in 2 weeks from now. Company 'A' will match my salary and I decided to stay with 'A'. In my offer with 'B' they mentioned that since they paid for my H1B transfer, if I terminate the employment within the first year, I have to repay all amount associated with H1B transfer to 'B'. My question is since I have not started working there am I still liable to pay that if I terminate the offer?

    Company 'B' already paid for that and I don't know how much they paid and I signed the offer but not start working there. Below is the paragraph they mentioned in the offer letter.


    H1-B Transfer:
    'B' will own the process and the cost associated with H1-B Visa sponsorship for you. 'B'. will pursue premium processing for the H1-B as the method that will allow for the most readily available employment start date. In the event you terminate your employment with 'B' within the first calendar year of employment, you agrees to make repayment to 'B'. all cost associated with the H1-B.

  • #2
    You should consult with a lawyer to see if offer letter constitutes a binding contract. (I think not and it cannot be enforced before you join them IMO)
    This is my opinion and not legal advice.

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    • #3
      Do you know how much does it cost for H1B transfer?

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