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  • H1 visa payment

    Hello,

    I have got my H1B visa filed this year. It's picked up in lottery and I'm awaiting for approval.
    I hope it gets approved soon.

    The employer asked me to pay for my H1B visa. I paid a good amount to him.
    After joining if he asks me to sign a contract, isn't that illegal because I have paid the money for my H1B ?
    What should I do if he forces me to sign the contract ?

    Please help.

  • #2
    H1 issues

    I have got my H1B visa filed this year. It's picked up in lottery and I'm awaiting for approval.
    I hope it gets approved soon.

    The employer asked me to pay for my H1B visa. I paid a good amount to him.
    After joining if he asks me to sign a contract, isn't that illegal because I have paid the money for my H1B ?
    What should I do if he forces me to sign the contract ?

    ---- Paying for the H1B is in itself an illegal practice. The employer on his part has also performed an illegal act by making you pay for the H1.

    ---- Regarding contract and other such things they are also illegal as employment is at will in the US (either party can terminate the employment within a reasonably short notice)/ The best you can do is to seek a transfer to a safer employer and that you will have to find one and assess the credentials of the employer

    Subramanya

    Comment


    • #3
      Contracts as such are not illegal in the US and employers can have you sign a liquidated damages contract and it is very much valid and legal. If you violate such contracts, you may be liable to pay. Do not sign anything if you don't agree.

      Don't confuse a contract with a bond (as called overseas) which is illegal.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        But I have paid a good amount to him for H1 and he says he will pay this back to in withing six months. By this I'm obligated.
        What can I do to avoid signing such contracts while joining him ?
        Do I have a right to say "No" ?
        If I say "No", can he cancel / revoke my H1 ?

        Comment


        • #5
          Like pointed out, paying for H1b is illegal and you should not have. If he wants to revoke the H1b, he can. But that does not stop you from getting the H1b transferred.

          Also, contracts that are made to sign putting your status at risk after you arrive in the US can be thrown away in court as you are coerced into signing one.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment

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