Urgent-H-1B Visa Transfer Withdrawal Question

[kamesh467]

Hello,
I received an offer from employer A and they started my H-1B visa transfer process. While the H-1b transfer process with emp A is pending I received another offer with an employer B who also started on my H-1B visa transfer process. Now, the H-1B visa with emp B got approved just recently so I'm planning to proceed with working for them whereas the visa transfer with emp A is still pending (although I received receipt notice). I'm now planning to inform the emp A to withdraw the visa transfer petition regarding this I have a couple questions as follows.
1. Will the empl A get any refund of the visa fees once they withdraw my petition?
2. The reason I'm enquiring about the refund of the visa fees in question-1 is because I voluntarily signed an offer letter with emp A (this was before I received the offer from emp B) in which it has a clause saying that "If your employment with Emp A terminated before completing one full year of service from the date of the receipt of the visa, with the exception of a reduction in force, you (in this case me) will be fully responsible for the applicable incurred costs associated with the transfer of the H-1B visa". 
With this clause, can the emp A penalize me for paying the H-1B visa transfer costs if they cannot get a refund from USCIS even though the visa petition is still pending or awaiting USCIS decision?

Please advise on the above.

Edited June 8, 2020 by kamesh467

[gopalakrishnach]

1. I guess no and even if they get they will get some amount not full.

2. I guess A can ask you to repay amount that they spend on you.

[LeaveMessageH1B]

On 6/8/2020 at 7:48 PM, kamesh467 said:

can the emp A penalize me for paying the H-1B visa transfer costs

It's Illegal to charge beneficiary for the petition fees... number of experts shared the same opinion in multiple posts(search  it and you'll see many posts)

Also, it's not penalty, its something you agreed and signed a document. It's binding.  imo if employer wishes and gets creative.... they can collect  cost as admin/ legal fees or something else .  Ignore the fact that uscis is going to issue a refund in timely manner. 

[User099]

1. No, I don't think they will get any refund.

2. You will not have to pay for the visa costs, but if they may ask for any costs/loss incurred to the company by you not joining them. You should talk to an contract attorney about your contract termination details. 

[kamesh467]

Thank you everyone for your valuable suggestions. I did let the emp A know that I'm no joining and also asked them to withdraw the petition. As of now, the reply from them was positive but will have to see if they are going to reach out to me again asking for any visa costs etc.

Will keep you all posted.

[JoeF]

It is illegal for the beneficiary to pay for the H1. The employer is not allowed to even ask for that.

The fees are application fees, not approval fees. Once an application is filed the fees are gone.