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Employer is asking H1B filing fees back. is it legal?

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  • Employer is asking H1B filing fees back. is it legal?

    Can anyone help me with the situation I have below.

    I am a Physician on H1B visa.

    1. I am working for Employer A. I had to sign contract with Employer A when offered the job where he mentioned in the contract that I have to pay back any or all of H1B legal fees if I leave the job before end of employment period. The contract says that H1B expenses will be forgiven in 2years and Greencard expenses in 5years. I have worked for 20 months now and my contract ends in Oct 2015. Things are not working well with my employer A. So I signed a new job with Employer B and employer A wants me to pay back the Attorney fees for filing H1B and I140 which is going to be more than 10K. Is it illegal to ask the Attorney fees back.

    2. I have worked extra weekends and extra hours including holidays. I was not paid for any of my extra hours. Do I have the right to charge for my extra hours I worked so far, since I am on full time employment. I have seen in Department of labour website that Physician and certain other speciality occupations doesn't qualify for extra hours worked.

    Any help is very much appreciated.

    Thanks
    Last edited by slax.ardy; 05-27-2015, 10:38 PM.

  • #2
    You need to talk to an employment attorney. This is America! Someone owes you money.

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