H1-B Fee payback clause in Offer letter


makhanaka

Recommended Posts

I have an offer letter from one of the top US company which I have already e-signed and the employer now wants the paper document signed. My employment has not started yet and there is a clause in the offer letter which is bothering me about paying back the H1-B fee if terminated with in a year. I have not been provided a break down of the fee and I feel this is a cheap trick from a reputable company, and is making me rethink.

"Visa Application:

XXX will pay reasonable and customary expenses incurred to apply for an H1B VISA status provided that you cooperate fully with our attorneys during their preparation of the required petition. We estimate the cost of this application to be approximately $6500.00. XXX makes no representations as to whether the Department of Homeland Security will approve the H1B petition, but will use its best efforts in the petition process. The commitment made by XXX to file the H1B petition does not include any appeals that might result from a denial of the petition.

This expense comes with the condition that if your employment with XXX terminates within one (1) year of the effective date of your employment, you shall be obligated to repay the entire expense amount, which will be considered a debt that is immediately due and payable, and XXX will also have the right to set off the debt against any compensation or reimbursement that XXX owes to you."

My questions are -

1) Is this really a serious issue, meaning would it stand if initiated on termination within 1 year?
2) Do I need to negotiate with employer to remove this clause? If yes, on what basis?
2) Can this clause also be initiated if I don't join the company?

Thanks in advance.
Link to comment

Thanks for your prompt replies.

 

As far as my situation and options, my previous employment is terminated and this employer (A) has filed for H1 transfer under PP..this attorney would not give me the receipt number. I do have other offer form employer B who want to file for H1 and completely know my situation.

Now the decision I need to make is either negotiate with employer A to exclude that clause or go with employer B. Going with employer B will add more out of status days to my H1 and I would be risking either complete denial of employer B petition, approval without I-94. also not to forget loosing employer A.

If I decide to take my chance with employer B, I am thinking wait for employer A petition outcome, if approved without any issues, then tell employer B to file ASAP. Would approval of employer A petition bring me back into status or only after I report to office with A?

Link to comment

"Now the decision I need to make is either negotiate with employer A to exclude that clause or go with employer B. Going with employer B will add more out of status days to my H1 and I would be risking either complete denial of employer B petition, approval without I-94. also not to forget loosing employer A."

 

=> You should at COS at the day of layoff. Any reason behind opting accumulating OOS days?

Link to comment

Archived

This topic is now archived and is closed to further replies.