Tweet
Situation:
Currently, I'm on H1b with A_Company. I thought of transferring my h1B to X_Tec company. Before joining, USCIS gave RFE. so i went back to my old company A_Company that means I did not joined X_Tec company. Now X_Tec company saying that I need to pay them money, even though i did not joined the company.
X_Tec company attorney saying like below,
Please see attached a composite of the history of emails between you, X_Tec, and Vendor, whereby you specifically committed, on April 2, 2018 at 8:47 a.m., ?I would like to go ahead with X_Tec Technologies. Can you please initiate H1 B transfer ASAP,? thereby inducing X_Tec to take specific action. Additional emails acknowledged the cost, time and effort involved in making that happen.
Although the company may not have established the interview with your new employer, X_Tec expended significant cost after you agreed to join as an employee. X_Tec would never have spent any funds towards the transfer if you had not formally acknowledged and approved it, which you did via email.
X_Tec has been damaged by your actions and we will seek to enforce the liquidated damages clause and/or to recover damages for your breach. If you are willing to discuss an amicable resolution, X_Tec would be willing to have that discussion.
Please let me know how you intend to proceed.
Is this LEGAL?
Currently, I'm on H1b with A_Company. I thought of transferring my h1B to X_Tec company. Before joining, USCIS gave RFE. so i went back to my old company A_Company that means I did not joined X_Tec company. Now X_Tec company saying that I need to pay them money, even though i did not joined the company.
X_Tec company attorney saying like below,
Please see attached a composite of the history of emails between you, X_Tec, and Vendor, whereby you specifically committed, on April 2, 2018 at 8:47 a.m., ?I would like to go ahead with X_Tec Technologies. Can you please initiate H1 B transfer ASAP,? thereby inducing X_Tec to take specific action. Additional emails acknowledged the cost, time and effort involved in making that happen.
Although the company may not have established the interview with your new employer, X_Tec expended significant cost after you agreed to join as an employee. X_Tec would never have spent any funds towards the transfer if you had not formally acknowledged and approved it, which you did via email.
X_Tec has been damaged by your actions and we will seek to enforce the liquidated damages clause and/or to recover damages for your breach. If you are willing to discuss an amicable resolution, X_Tec would be willing to have that discussion.
Please let me know how you intend to proceed.
Is this LEGAL?
Comment