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Can an H1 employer sue me while I'm in India ?

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  • Can an H1 employer sue me while I'm in India ?

    My case is bit different.
    I'm currently in India working for an MNC.
    There is one company in Georgia, which found my resume attractive and picked up my resume for H1B filing in 2012. They asked me to execute a promissory note (I signed the note) which states that I have to refund the Visa Processing fee of $4700,or I have to work with them for 6 months.
    I never started working for this employer till now, no single pay stub was generated.
    I seriously wanted to come to US and tried for 2 months and applied to all C2C jobs. But I did not find a job, meanwhile I found a job good offer in India and decided to stay here for atleast an year.

    My employer in US started to write threatening emails and phone calls saying that he will take up the issue with his attorney and sue me.

    I've few questions.
    1. Employer want me to refund the visa processing fee as per the promissory note. I read this is illegal. Where can I report the incident?
    2. Can an employer sue me for not paying $4700 while I'm in India?
    3. I was in US before with a different employer, so this employer have my SSN number. Can they ruin my credit ?

    Let me know if you have any questions. I'll try to answer all questions.
    I need some valuable suggestions to move forward in the right direction.

  • #2
    Originally posted by Sekharburra View Post
    My case is bit different.
    I'm currently in India working for an MNC.
    There is one company in Georgia, which found my resume attractive and picked up my resume for H1B filing in 2012. They asked me to execute a promissory note (I signed the note) which states that I have to refund the Visa Processing fee of $4700,or I have to work with them for 6 months.
    I never started working for this employer till now, no single pay stub was generated.
    I seriously wanted to come to US and tried for 2 months and applied to all C2C jobs. But I did not find a job, meanwhile I found a job good offer in India and decided to stay here for atleast an year.

    My employer in US started to write threatening emails and phone calls saying that he will take up the issue with his attorney and sue me.

    I've few questions.
    1. Employer want me to refund the visa processing fee as per the promissory note. I read this is illegal. Where can I report the incident?
    2. Can an employer sue me for not paying $4700 while I'm in India?
    3. I was in US before with a different employer, so this employer have my SSN number. Can they ruin my credit ?

    Let me know if you have any questions. I'll try to answer all questions.
    I need some valuable suggestions to move forward in the right direction.
    Hello, Sekhar.

    If you gave a signed promissory note then they can ofcourse execute that Promissory Note. What will happen is, the recovery people will try to search you at the US address provided and not finding you there, they can potentially spoil your credit history. They cannot, i believe, come chasing you to India.

    You could, as an offensive, tell them that you will report them to the DOL (Department of Labour) for having illegal H1B practices, like having the candidate pay for the visa fee. It might work, might not. But, if they are chase you for the money, you could try intimidating them back.

    Hope this helps. Personal Opinion.

    Wishing you luck.

    Cheers,
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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