Employer asking legal fees for H1B after rejecting offer but before H1 transfer filed to USCIS.

[ta84]

Hi,

I got an offer from Company A and asked them to start the visa transfer process. They took around 1 month to initiate my visa process.

Just before filing for H1B transfer paperwork, I asked them to cancel as I decided to accept another offer from Company B. I confirmed attorney has not submitted any paperwork to USCIS. They just got an LCA.

Now, Company A is asking me to refund legal fees $4000. Since they never filed for my transfer there was no USCIS fees involved.

Before starting the whole process I signed an at-will employment letter. Later they also made me signed an amendment which says as follows:

=======================================================================================================

"Amendment to Offer of Employment"

In addition, to your starting salary and benefits as stated and agreed upon your September 13,2012 offer letter, "Company A", Inc. will support your H-1B visa whereby the costs of this sponsorship will be covered by the Company and will be contingent upon your continued employment of at least 12 [twelve] months and good standing with the Company. In the event of termination for any reason before the 12 [twelve] months, you will be responsible for reimbursing the Company for all costs incurred retroactively.

Your signature will aclarowledge that you have read and understood and agreed to the terms and conditions of this amendment. Should you have anything else thatyou wish to discuss, please do not hesitate to call me.

=======================================================================================================

Am I liable to pay this legal fees? Legal fees they claimed to have paid is $4000 which in my opinion is way to much!!

Any help would be greatly appreciated.

Thanks in advance.

[JoeF]

First, that agreement is not overly valid. There are some H1 costs that the company has to bear and can't be reimbursed for.

Second, you haven't been employed yet, so, the agreement wouldn't even apply.

You still should discuss the situation with a lawyer.

[SameerH1Bworker]

Company can not ask for any fees related to H1B except Premium Processing fees which is $1250 or so. Legally company has to spend their own money for H1B application and in the event that employee does not join them then they CAN NOT ask the fees they paid for H1B.

[kshis13]

but you did give in signing this agreement?

[ta84]

First, that agreement is not overly valid. There are some H1 costs that the company has to bear and can't be reimbursed for.

Second, you haven't been employed yet, so, the agreement wouldn't even apply.

You still should discuss the situation with a lawyer.

Thanks Joe for your response.

Yes, I think the same that since I have not started working there the above agreement is void.

I did rejected their offer even before they filed for my H1B transfer to USCIS.

I will consult to the lawyer.

[ta84]

but you did give in signing this agreement?

Yes I did signed the agreement above. But, since I never started working for them I though the above agreement is void?

[t75]

Actually, legal fees are among the few that can be paid by the employee.

OP needs to have all of his contracts read by an attorney. If the contract is valid, the company can sue for breach of contract.

I really wish people like the OP would be honorable employees. Once one signs a job contract, he should expect to appear for work since the employer has made commitments based on The person joining the company. OP's actions reflect poorly on others from similar backgrounds.

[JoeF]

I really wish people like the OP would be honorable employees. Once one signs a job contract, he should expect to appear for work since the employer has made commitments based on The person joining the company. OP's actions reflect poorly on others from similar backgrounds.

I disagree with you here.

Employment in the US is at will. That means that both employer and employee can terminate the employment at any time for any reason. It is always a two-way street.

In this case, the contract actually is a rather bad thing. I would not have signed such a thing to begin with, and would have told the company to take a hike (and I would have reported them to DOL.)

[daliangaurav]

Hello,

I am in a similar situation. The Company initially asked me to pay for the H1-B cost. I told them that this is against the law forcing a job applicant to pay. Now, they have come back and asking for LCA legal fees of $2200 and saying that they can take legal route if I fail to reimburse.

 

Please help :(

 

Thanks.

[rahul412]

Hello,

I am in a similar situation. The Company initially asked me to pay for the H1-B cost. I told them that this is against the law forcing a job applicant to pay. Now, they have come back and asking for LCA legal fees of $2200 and saying that they can take legal route if I fail to reimburse.

 

Please help :(

 

Thanks.

Relax, they are simple bluffing. H1 fee has to be paid by employer and that's LAW.