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Employer Asking for H1B fee

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  • Employer Asking for H1B fee

    company "A" had filed my H1B transfer after I accept their offer. I signed the offer letter
    In offer letter no where it is mentioned that if I leave company , i have to pay H1B transfer expenses.
    Also It is clearly written without any reason , time either way can terminate job. This is below from offer letter..

    "I have read and accept this employment offer. I understand my services under this agreement will begin with the successful transfer of my H1B. I understand my employment is terminable at will, i.e., and either company or I may terminate the employment relationship at any time, with or without cause."

    Now , I have a better offer ,I am not joining that company .
    They are asking me for H1B transfer expenses.

    Company is asking "You signed and agreed to become an employee, however you never even started working here to begin an employee/employer relationship also you keep delying your joing time..It is clear that the delays were a stall tactic and completely dishonest, which any court will agree with."

    If I am not paying it, they are going to take legal action ..

    Please let me know your thought or any lawyer can help me in case company files legal action and what will be charges

    Thanks a lot ..

    With Regds

  • #2
    Well, they can sue based on a unkept promise. What will prevail in court is to be seen. Employer cannot ask most part of the H1b fees.

    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.


    • #3
      It is case with most of the desi consultants. You have to learn how to handle them or fight with them or take permanent position ASAP.
      Disclaimer: We take no responsibility for accuracy of information provided. Please use at your own risk :-)


      • #4
        Search for "liquidated damages"