Employer asking for H1B Fees....Please Help !!

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chiragie

Registered Users (C)
I am in a critical situation and would be highly obliged if you could please help me out. I am currently working at a company A. Two months back, I was interviewed with a company B. They offered me the job. I accepted the offer letter and they started my H1B processing. Some weeks back, I got promoted at the same company where I was working (company A) and I started shouldering very good projects with increased responsibility. I decided to stay at the same company (A). I emailed the company B stating that I would not be able to join their organization. Now, the company B has sent me a notice asking me to pay the cost of H1B transfer (legal and application) that they spent in the process. Is this legal to ask (the company B is a large organization with around 4,000 employees) ? Can I repeal it? At the time of acceptance, it was decided that the company will be transfering my visa. Please advice.

This is what I had signed in offer letter:

"It is understood, and you acknowlege by your signature, that this offer does not represent a contract or implied agreement of continuous employment, and that the employment of each individual may be terminated at the will of either the employee of the Company at any time, with or withour cause".

Also, while accepting the offer letter, I had signed on it and written a note over there that the transfer of H1-B visa to be undertaken by the company.

Please help me.

Thanks.

Chirag
 
chiragie said:
I am in a critical situation and would be highly obliged if you could please help me out. I am currently working at a company A. Two months back, I was interviewed with a company B. They offered me the job. I accepted the offer letter and they started my H1B processing. Some weeks back, I got promoted at the same company where I was working (company A) and I started shouldering very good projects with increased responsibility. I decided to stay at the same company (A). I emailed the company B stating that I would not be able to join their organization. Now, the company B has sent me a notice asking me to pay the cost of H1B transfer (legal and application) that they spent in the process. Is this legal to ask (the company B is a large organization with around 4,000 employees) ? Can I repeal it? At the time of acceptance, it was decided that the company will be transfering my visa. Please advice.

This is what I had signed in offer letter:

"It is understood, and you acknowlege by your signature, that this offer does not represent a contract or implied agreement of continuous employment, and that the employment of each individual may be terminated at the will of either the employee of the Company at any time, with or withour cause".

Also, while accepting the offer letter, I had signed on it and written a note over there that the transfer of H1-B visa to be undertaken by the company.

Please help me.

Thanks.

Chirag
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all depends on what the contract/employment-agreement says. if there were any clause that says that you are required to pay back the cost of that hiring expense "in case you decided not to join", then you are bound by the contract to pay that amount.

no offense meant - keeping the legal formalities aside, dont you think its morally wrong on your part to not join the company after accepting the offer that too when that company is spending money on you to bring you onboard. due to this nature, companies ask for bond or ask exorbidant amount when a person later decides not to join or leave the company in short timeframe. please do not do this in future. know for certain about your plans and know the consequences of signing a legal contract.
 
There was no written clause in the offer letter that mentioned that in case I decide not to join the company I will have to reimburse them for the expenses.

I completely understand your point. It was a very difficult decision for me, but I believe it was appropriate one for my career at that time. I appreciate your advice, and I will definitley make sure that such things do occur in future.

Thanks.
 
Take the matter to your current company A (let their lawyers look at it). If they really want you they might be willing to pay the fees to B.

If there was no written clause, it's pretty obvious that you can walk away.
 
Yes, i agree with ramuk, ignore the moral thing ... many of the employers (particularly the recruiting companies that gives you H1 and send you on project based work) lack even a small sense of decency ... don't have any moral , so why do employees need to think about it?
Keep us update about your sitaution so it will help others. My personal suggestion to you, 'don't pay a single penny to company B if u don't need their sponsorship' .... read the contract carefully, and see if there's anything that will turn on your way.
 
Just keep quite, Until it goes to a claim letigation. [ But any case you have to face it whether B wins or loose]

But one of the consequence is, if B wrote to your present company personal department, your character will be in fix with A for your future.

Think twice before doing this kind of non-sense again.


chiragie said:
Gurus...Pls chime in !! :confused:
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