Employer demanding huge amount

Z

zxczxc

Registered Users (C)
Hi,

The project which i was working on through Company A was terminated abruptly by the client and i came on bench. Now during this period my H1 transfer was under process through Company A through normal procedure. It was a time of stress and i was on bench for one and a half months. Company A couldnt get me any new client. I started looking out and got a good offer from Company B. My H1 transfer is under process through premium processing now through Company B without submitting my old H1 copy becoz it was under transfer process. During this time i checked on the USCIS website and it showed that my H1 approval notice through Company A has been approved.

I am worried about the facts:-

1. Is it that USCIS will need a copy of my old approval notice since my old company A has not given me my approved H1 notice yet?

2. Company A is now demanding $6000 because they couldnt earn enough through me and they had paid for our relocation expenses,H1 transfer etc? Is it legal for them to demand so much money?

3. I have an agreement signed with them so is the agreement considered to be a legal document ?

4. What if i dont pay them $6000, will company A sue me or i should take any legal action against them for demanding such a huge amount?

I would highly appreciate is anyone could help me out with my queries....i am in need of urgent help. Has anyone gone through similar situation?

Thankyou.
 
I would contact a lawyer. It's of my understanding (I am NOT an attorney) that they CANNOT ask you for any reimbursement for their costs in a direct manner. They may be able to skirt around the issue, but they just can't outright ask you for that.... anyhow - my advice is to present your case to a few lawyers and hear what each of them have to say about it and then after you can decide if you want to retain them or pursue any action towards companyA. Good luck.....
 
z
zxczxc said:
Hi,

The project which i was working on through Company A was terminated abruptly by the client and i came on bench. Now during this period my H1 transfer was under process through Company A through normal procedure. It was a time of stress and i was on bench for one and a half months. Company A couldnt get me any new client. I started looking out and got a good offer from Company B. My H1 transfer is under process through premium processing now through Company B without submitting my old H1 copy becoz it was under transfer process. During this time i checked on the USCIS website and it showed that my H1 approval notice through Company A has been approved.

I am worried about the facts:-

1. Is it that USCIS will need a copy of my old approval notice since my old company A has not given me my approved H1 notice yet?

No, your transfer to comp B will be based on Old Old Company H1 not from Comp A.
2. Company A is now demanding $6000 because they couldnt earn enough through me and they had paid for our relocation expenses,H1 transfer etc? Is it legal for them to demand so much money? Yes , if you agreed and signed any agreement.

3. I have an agreement signed with them so is the agreement considered to be a legal document ? Yes. If you sign to pay 6000 in the agreement you are legally entitled pay that amount. Your employer A, i hope, did not get your signature at gun point. You volunterily signed the agreement you have abide by the agreement. It is valid under law.
4. What if i dont pay them $6000, will company A sue me or i should take any legal action against them for demanding such a huge amount? YES, since you signed such clause

I would highly appreciate is anyone could help me out with my queries....i am in need of urgent help. Has anyone gone through similar situation?

Thankyou.
Click to expand...
 
$6000 seems to be a decent amount to get out of the company. You may wanna strike a deal with company A , that you will pay once you get a job thru comp B.

company A did put in effort & time to file your H1b and relocate you, try speaking with them and sort things out.

even if you hire a attorney, you need to pay his fees. my suggestion is that you negotiate with company A
 
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