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H1B Visa Cost Recovery if I leave the Company

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  • H1B Visa Cost Recovery if I leave the Company

    Here is the outline of my case -

    1. I came to US on Aug 7 2011 on L1B

    2. My employer filed new H1B for me and we got approval on 1-Dec-2012

    3. Currently I have stayed with my current employer more than 6 months (till 30-Nov-2011 on L1B and then after from 1-Dec-2011 on H1B)

    4. There is clause in my employment offer letter which says, if I leave before 6 months of service at onsite (USA) they can recover Travel cost. When they say Travel cost does it mean visa cost as well or just the airfare/insurance etc.

    5. For stay period, my question is, will it be total stay (including L1B & H1B) or the stay will be counted per VISA

    Clause from Eployment Offer Letter -
    Self/Family Travel Expenses: Employer America will bear the expenses of your visa and your travel to USA from your country of current residence. Travel Cost will be recoverable in case you leave the organization before completion of six months, or you are sent back due to irregularity in performance before the completion of the contract, disciplinary reasons and/or violation of code of conduct. The travel of your family (spouse and children) will be governed as per the Family ravel policy available at
    Employer's policy portal.
    Last edited by craiglistad9700; 02-14-2012, 10:47 AM.

  • #2
    Here is the outline of my case -

    1. I came to US on Aug 7 2011 on L1B

    2. My employer filed new H1B for me and we got approval on 1-Dec-2012

    3. Currently I have stayed with my current employer more than 6 months (till 30-Nov-2011 on L1B and then after from 1-Dec-2011 on H1B)

    4. There is clause in my employment offer letter which says, if I leave before 6 months of service at onsite (USA) they can recover Travel cost. When they say Travel cost does it mean visa cost as well or just the airfare/insurance etc.
    >>> It is illegal to ask you to pay the petition fees. Maybe it is just the air fare.

    5. For stay period, my question is, will it be total stay (including L1B & H1B) or the stay will be counted per VISA

    Clause from Eployment Offer Letter -
    Self/Family Travel Expenses: Employer America will bear the expenses of your visa and your travel to USA from your country of current residence. Travel Cost will be recoverable in case you leave the organization before completion of six months, or you are sent back due to irregularity in performance before the completion of the contract, disciplinary reasons and/or violation of code of conduct. The travel of your family (spouse and children) will be governed as per the Family ravel policy available at
    Employer's policy portal.

    >>> These are specific to your company and how they have coined the whole agreement. No one can answer these things without knowing what you have signed with your employer. You should consult an attorney with a copy of the full document that you have signed. From what youhave posted above, it looks like they are expecting you to stay for 6 months in total or you will have to pay them the travel expenses.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Pls help

      Hi,

      Have you resigned from your employer ? What did you repay them - visa cost + ticket + insurance ?
      Pls let me know..i'm also planning to quit.
      From language of your text/policy I can understand that you were with H*A , i'm also with same organisation ;-) hence pls help me.

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      • #4
        They have not asked anything....

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