Tweet
Hi,
I am currently employed with CompanyA in India. I was looking to get back to US and filed my H1B petition from Company B in US.
Before filing my petition, CompanyB asked me to sign the employment agreement which says all the terms of the service. I have signed that document and send it across to US.
Now the situation is that my H1B petition got approved and I have got some personal emergency at home and so will not be able to travel to US.
Company B has invested on my H1B petition / visa processing and so the question is that can they legally ask me to return that money. One of the clause mentioned in that employment agreement was that if I leave Company B within my first year of service, I have to pay all the expenses the company would have incurred on me.
Now as I have not stamped my Visa and not resigned my current company A in India, I think that I am legally not their employee as I am not on their payroll and so the question is that in this situation can company B use any of the clauses against me.
Please advise
I am currently employed with CompanyA in India. I was looking to get back to US and filed my H1B petition from Company B in US.
Before filing my petition, CompanyB asked me to sign the employment agreement which says all the terms of the service. I have signed that document and send it across to US.
Now the situation is that my H1B petition got approved and I have got some personal emergency at home and so will not be able to travel to US.
Company B has invested on my H1B petition / visa processing and so the question is that can they legally ask me to return that money. One of the clause mentioned in that employment agreement was that if I leave Company B within my first year of service, I have to pay all the expenses the company would have incurred on me.
Now as I have not stamped my Visa and not resigned my current company A in India, I think that I am legally not their employee as I am not on their payroll and so the question is that in this situation can company B use any of the clauses against me.
Please advise
