H1 Visa - immigration fee issue

M

masti25

Registered Users (C)
Hello all,

Currently I am on H-1B visa and resigned recently from my company (A) to join another company (B). I signed with company A that I will repay all the immigration related expenses if I resign. Now, they are asking for the expenses. The issue is that they are asking for insane amount of money. So, couple of questions to play hardball with them.

1) Is it legal for a company to hold some to immigration related expenses - H-1 or Greencard? Please keep in mind that I signed an agreement with them.

2) I know if someone on H-1 is laid off, the company has to pay for the flight ticket to there native country. Does it also apply if you resign (bcos I could resign and go to native country)?

Please let me know and any other information that will help me to talk to my company.

Thanks,
masti
 
Hello all,

Currently I am on H-1B visa and resigned recently from my company (A) to join another company (B). I signed with company A that I will repay all the immigration related expenses if I resign. Now, they are asking for the expenses. you have agreed in writing so you have to comply with that.The issue is that they are asking for insane amount of money. how much? they cannot claim any amount of their choice. it should be reasonable and show the reciept/invoice for those services. So, couple of questions to play hardball with them.

1) Is it legal for a company to hold some to immigration related expenses - H-1 or Greencard? for h1 NO - for greencard yes.Please keep in mind that I signed an agreement with them. even if you sign that you will repay the h1 cost its not valid. have proof of all communications. paper and email only - most of the telephone conversation were not valid and unprovable. you may be liable for green card related fees only. but note that they will claim for recruitment efforts also. watch out. you should think before you sign any paper.

2) I know if someone on H-1 is laid off, the company has to pay for the flight ticket to there native country. Does it also apply if you resign (bcos I could resign and go to native country)?
yes provided you resignation can be treated as constructive discharge. you should have proof that you have very genuine reason that its unbearable to work with the company or there were too many issues from the company.

Please let me know and any other information that will help me to talk to my company.
do you have any reason to leave the company or for better prospects?

Thanks,
masti
 
Thanks saigc!!!

Company stability is the reason. We have lay offs almost every other month and its painfully to keep guessing how long u will have ur job. Forget pay hikes for last 3 years, we got pay cuts instead.

I hope this is good enough reason.

Thanks,
masti
 
In short the employer cannot recover the fees paid to USCIS for H1 by employer. By law employer files the H1 petition, if they hire lawyer or no lawyer it is the problem of employer. They needed you and they filed H1 for you. To claim any USCIS fees recovery is illegal. You have NOT hired lawyer and they cannot recover the fees for lawyer. Even if you signed the contract or any paper it will not stand in the court, by H1 law employer has to petition for H1 and has to pay the fees. The case will not stand in court; let them do what they need to do.

If YOU resign you cannot claim the return ticket fare.

For GC, the fees for LC and I-140 have to be paid by employer. It is employer who files LC and I-140 nobody forced employer to file LC or I-140. YOU have to pay for I-485, EAD, AP becase these petitions belong to YOU.
 
You must log in or register to reply here.
Top