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Hi all,
You might have heard the same situation from other forum members in the past, but I felt my situation is little different and so I came here to seek some advice. Below is my exact scenario, please help me in providing insights around this.
* I work for company 'E', got an offer from company 'M' and I accepted the offer (signed) . M started the H1B transfer process and got the receipt of transfer. In the meanwhile, I got a promotion and substantial hike at my current company 'E' and decided to stay at 'E'.
* Now, I declined the offer from 'M' since that opportunity at 'E' is good for my career at this point of time. (I know its ethically not correct, but I don't have a choice
). Since I declined, company 'M' asks me to reimburse the H1 B transfer fee (excluding training fee and fraud fee). They still did not give me the exact cost, but from what i guess, It should be approx 5k - 7K (attorney fee + H1 B fee + premium processing fee).
* At this point of time, the only document I signed is the offer letter. The offer letter states "In the event of your employment with 'M' is terminated for any reason excluding economic or redundancy prior to the receipt of your H1 B visa, and the period ending twelve months thereafter, payment to 'M' for any and all expenses incurred to process the H1-B visa (except for the 1500 training fee and 500 fraud fee) will be required. you authorize 'M' to withold all or part of the repayment amount from any salary,commission, vacation time and/or stake holder payments owned to you at the time of termination."
My questions.
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1. Am I legally obliged to pay company 'M' for the H1 B transfer fee ?
2. I believe am not an employer of M yet since I didn't start working for them, In that case does the above statement from the offer letter still valid for me ? Isn't that the above statement apply only when I start working for them and move out ?
Please advice what are the other options I have and how strong my case is.
You might have heard the same situation from other forum members in the past, but I felt my situation is little different and so I came here to seek some advice. Below is my exact scenario, please help me in providing insights around this.
* I work for company 'E', got an offer from company 'M' and I accepted the offer (signed) . M started the H1B transfer process and got the receipt of transfer. In the meanwhile, I got a promotion and substantial hike at my current company 'E' and decided to stay at 'E'.
* Now, I declined the offer from 'M' since that opportunity at 'E' is good for my career at this point of time. (I know its ethically not correct, but I don't have a choice
). Since I declined, company 'M' asks me to reimburse the H1 B transfer fee (excluding training fee and fraud fee). They still did not give me the exact cost, but from what i guess, It should be approx 5k - 7K (attorney fee + H1 B fee + premium processing fee). * At this point of time, the only document I signed is the offer letter. The offer letter states "In the event of your employment with 'M' is terminated for any reason excluding economic or redundancy prior to the receipt of your H1 B visa, and the period ending twelve months thereafter, payment to 'M' for any and all expenses incurred to process the H1-B visa (except for the 1500 training fee and 500 fraud fee) will be required. you authorize 'M' to withold all or part of the repayment amount from any salary,commission, vacation time and/or stake holder payments owned to you at the time of termination."
My questions.
--------------
1. Am I legally obliged to pay company 'M' for the H1 B transfer fee ?
2. I believe am not an employer of M yet since I didn't start working for them, In that case does the above statement from the offer letter still valid for me ? Isn't that the above statement apply only when I start working for them and move out ?
Please advice what are the other options I have and how strong my case is.
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