H1 transfer fees - Legal threat !!

Q

qqura

Registered Users (C)
Hi,
I was with company A joined on feb 1st week. But they applied for h1 transfer only on mar 4th. I didn't get any client more than a month. Due to personal reasons, I decided to quit with that company amd I informed them. Suddenly they sent a letters to my address from where I moved. so I got my letters just today. They were threatning me to pay all legal fees, fedex charge, etc ...to pay with in apr 2nd and if not they mentined to goto collection agency. I have not given a chance to settle the matter smoothly. I didn't sign any bond other than giving 2 week notice. I just signed the offer letter and I never received any pay,benifits from them. And they never gave the signed offer letter to me back.
Now the question is can they do that ? If it goes to collection agency will my credit history will affect ? To whom I can get legal advice ? I mean immigration lawyer or labor lawyer ? Can I lodge a complaint against the company in state department of labor ?? Or what other options I have ?
Please help me out.
 
Its good that you have left the company, its never good to work for any of these Companies who think they own the employees once they sponsor them. That is the first good move that you have made.
You should contact the local Labor Department and file a complaint against the company stating that they never paid you since you joined so you resigned and now they are forcing you to pay the fees etc and threatening to go to a collection agency.
If possible, get all your facts and evidence together and get an appointment with the Local Labor Department and explain to them whatever happened. Submit a written complaint and the evidence that you have.
They respond pretty fast and contact the company and will normally conduct some kind of Investigation of the company and its practices.
 
Originally posted by qqura
Hi,
I was with company A joined on feb 1st week. But they applied for h1 transfer only on mar 4th. I didn't get any client more than a month. Due to personal reasons, I decided to quit with that company amd I informed them. Suddenly they sent a letters to my address from where I moved. so I got my letters just today. They were threatning me to pay all legal fees, fedex charge, etc ...to pay with in apr 2nd and if not they mentined to goto collection agency.

----- nothing to worry, no need to reply it is just to scare you
I have not given a chance to settle the matter smoothly. I didn't sign any bond other than giving 2 week notice. I just signed the offer letter and I never received any pay,benifits from them. And they never gave the signed offer letter to me back.

---- no need to worry, wait if you recieve any letter from collection agency, the colleation agency will send you 3 letters and when you recieve the first letter then write that YOU DESPUTE the amount.
Now the question is can they do that ?
----- No they cannot do that as you have NOT signed any document that you will pay for H1 petition , employer is supposed to pay all the fees.
If it goes to collection agency will my credit history will affect ?

----- collection agency will send you 3 letters and reply them that you despute that amount and you will not get any letter from them. if you get then let us know.
I received a letter from my dentist that I have to pay $200; I did the dental work 3 years back. I told them I have already paid 3 years back what they said. Again they sent letter to me through collection agency I replied that I dispute the amount and nothing is due and I am going to complaint with better business bureau and consumer protection agency. 1 year has passed I have not received any letter after I wrote to them. Your case is different employer cannot charge you the H1 petition fees. just ignore the letter
To whom I can get legal advice ? I mean immigration lawyer or labor lawyer ? Can I lodge a complaint against the company in state department of labor ?? Or what other options I have ?

----- you have never recieved that letter as you moved, no need to reply to employer.
Please help me out.
Click to expand...
 
ok, thanx very much for the reply. couple of things I didn't mention. I signed the offer letter which never talked about
any liability amount. But I suppose to give 2 week notice If I become employee. And I suppose to become employee once I receive the receipt number. whenever I called they said they didn't receive any number. So I directly approaced the lawyer and the firm gave me the number. So emplyer tried to hide the number because they don't want to pay me the pay,benifits without having the client. And when I sign the offer letter they/I didn't dated it because they said I'll be employee once I receive the receipt number. Can they misuse it ? I mean, can they show the date in that offer letter stating that I was the employee of the company at the time of joining ??
As per law, who is responsible for the legal,lawyer fees ?
If the employers pays and I didn't work for them, Am I liable ?
Will the collection agency just take the case and they can collect money ? or they need any legal proof from employer ?

Thanx
 
Originally posted by qqura
ok, thanx very much for the reply. couple of things I didn't mention. I signed the offer letter which never talked about
any liability amount.
-------------do you mean with the company who filed your H1 transfer or your past company, you must post your case details that you were with A then moved to B then C with dates and H1transfer filing dates becasue it is not clear who is sending you letter


But I suppose to give 2 week notice If I become employee. And I suppose to become employee once I receive the receipt number. whenever I called they said they didn't receive any number. So I directly approaced the lawyer and the firm gave me the number. So emplyer tried to hide the number because they don't want to pay me the pay,benifits without having the client. And when I sign the offer letter they/I didn't dated it because they said I'll be employee once I receive the receipt number. Can they misuse it ?
---- you should have kept copy of that document? I dont know what was on that letter

I mean, can they show the date in that offer letter stating that I was the employee of the company at the time of joining ??

----- if they show that you were employee of the company then they must also pay you the wages according to LCA

As per law, who is responsible for the legal,lawyer fees ?
------ Employer, they cannot charge you lawyer fees and USCIS fees for new H1 or for H1 extension or for H1 transfer, employer has to pay the fees by H1 law/regulations
If the employers pays and I didn't work for them, Am I liable ?
------ NO
Will the collection agency just take the case and they can collect money ?
---- NO, it is related to immigration matter and they cannot collet it

or they need any legal proof from employer ?
----- collection agency can NOT recover the immigration fees or lawyer fees from you as YOU have NOT hired the lawyer, nobody forsed employer to pay the fee to USCIS or Lawyer they wanted you as employee they hired lawyer and paid USCIS fees becasy by law they have to pay the fees.
Relax!!!
Thanx
Click to expand...
 
Sorry ginnu,
I was with company A and gave 8 week notice at 4th week of Jan and start searching job. The company B approached me at feb 1st week and interviewed me and offered job. After the consideration I agreed and sent the signed offer letter to B (without dates) But they dragged little bit and applied at mar 4th and hide the receipt number till I gave the notice.
The offer letter just talked about my duties,pay,benifits and few conditions. They are,
Once If I'm employee, and if I don't hv any clients and not willing to continue I hv to give 2 wk notice.
If I'm employee, and hv client I hv to give 2 mo notice.
ok, Is this the right info. Massachusetts "Department of Labor and Workforce Development"
Is that the dept. I need to contact, correct ?
Thanx
 
Originally posted by qqura
Sorry ginnu,
I was with company A and gave 8 week notice at 4th week of Jan and start searching job.
------- so you gave the notice to company A that you are leaving them with out any job offer?

The company B approached me at feb 1st week and interviewed me and offered job. After the consideration I agreed and sent the signed offer letter to B (without dates) But they dragged little bit and applied at mar 4th and hide the receipt number till I gave the notice.

----- it means the B applied your H1 transfer on March 4, did you had recent pay stubs at that time???? did you get H1 transfer through B? are you still with comany A ???? what is your status? where are you working with company A or B??
( it has nothing to do with the threat letter to recover the fees)

The offer letter just talked about my duties,pay,benifits and few conditions. They are,
Once If I'm employee, and if I don't hv any clients and not willing to continue I hv to give 2 wk notice.

--------no problem, they CANOT collect the H1 filing fees or lawyer fees from you, relax!!

If I'm employee, and hv client I hv to give 2 mo notice.
ok, Is this the right info. Massachusetts "Department of Labor and Workforce Development"
Is that the dept. I need to contact, correct ?

------ do you want to make complaints against B for the wages? you can only send the complaint if you were hired by B on H1B and if you joined them and they did not pay you the wages according to LCA.

** if you are worred that they will recover the H1B fees or lawyer fees from you then dont worry, they cannot do that, no need to reply them.
Thanx
Click to expand...
 
I was with company A and gave 8 week notice at 4th week of Jan and start searching job.
------- so you gave the notice to company A that you are leaving them with out any job offer?
==== YES.

The company B approached me at feb 1st week and interviewed me and offered job. After the consideration I agreed and sent the signed offer letter to B (without dates) But they dragged little bit and applied at mar 4th and hide the receipt number till I gave the notice.

----- it means the B applied your H1 transfer on March 4, did you had recent pay stubs at that time????
=== YES. I had till feb 21st.

did you get H1 transfer through B?
=== I really don't know. All I know is they applied for me and hide my receipt number.

are you still with comany A ???? what is your status? where are you working with company A or B??
=== I'm no longer with A, B. But I'm in legal status. I'll let you know later how !!!

------ do you want to make complaints against B for the wages? you can only send the complaint if you were hired by B on H1B and if you joined them and they did not pay you the wages according to LCA.

=== u mean say I can't goto "Department of Labor - Wage and Hour Division" ? then to whom else I can report ? u r saying that wait till I get letter from collection agency ? I'm not sure whether I need to reply for those mails ?

===Is it State or federal or both "Department of Labor - Wage and Hour Division" ?
 
are you still with company A ???? What is your status? Where are you working with company A or B??
=== I'm no longer with A, B. But I'm in legal status. I'll let you know later how !!!

------ do you want to make complaints against B for the wages? you can only send the complaint if you were hired by B on H1B and if you joined them and they did not pay you the wages according to LCA.

=== u mean say I can't goto "Department of Labor - Wage and Hour Division" ? then to whom else I can report ?

----- What kind of report you want to make if you did not worked with B? You can only report to DOL if you worked legally and employer did not pay you the wages. What kind of complaint you want to file?????
u r saying that wait till I get letter from collection agency ? I'm not sure whether I need to reply for those mails ?
------ You will not get any letter from collection agency, collection agency can not collect the H1B fees paid to USCIS by employer and lawyer fees as YOU have not hired lawyer and employer by law is supposed to pay the H1 fees to USCIS. No need to reply to any mails from B

===Is it State or federal or both "Department of Labor - Wage and Hour Division" ?
 
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