onh1b2014 Posted December 10, 2014 Report Share Posted December 10, 2014 Hi All, I have signed a below agreement with my employer while coming to usa. Prior to filing they already taken $4000 for as security deposit to file my visa. "Agreement says that i shall reimburse company for the actual cost company incurred on behalf of the employee, including but not limited to immigration fees in sponsering employee and obtaining employee's work permit, employee's moving and relocation costs, all airfare and travel expenses, marketing fees, recruting or employment agency fees and training costs. Employee hereby authorizes company to withold from any paycheck, the amount owned by the employee to the company towards reimbursement of expenses incurred." I have an offer from another company. Is this contract legal ? How much company can ask me to pay if i breach the contract ? I have paid for my travel, airfare and so on. No trainings. Please help me to get out of this. Thanks Link to comment
ashuneel Posted December 10, 2014 Report Share Posted December 10, 2014 Why did you pay security deposit. Link to comment
jairichi Posted December 10, 2014 Report Share Posted December 10, 2014 Yes, if you have signed it. They cannot ask for H1B fee. Ask employer how much you would owe them if you have to leave them now. Link to comment
rahul412 Posted December 10, 2014 Report Share Posted December 10, 2014 Why did you pay security deposit. Exactly, what's the need of security deposit for employment?? You are not buying any valuable items from that employer and that's not any merchant store. Link to comment
onh1b2014 Posted December 10, 2014 Author Report Share Posted December 10, 2014 @ashuneel, I [aid because they said we want to make sure that you will file with one employer rather going for more employers. But they said we will return it after 6 months. @jairichi, if i ask them they would think that i am planning to leave. Can you give me any approx idea about how much money they can ask for? Thanks Link to comment
ashuneel Posted December 11, 2014 Report Share Posted December 11, 2014 SO, did they give back the "security deposit" back after 6 months. You are not leasing a car or apartment so it sounds absurd. If they don't give it back just move on if you have a good opportunity and they can come after you if they wish. It should not affect immigration matters in future. Link to comment
JoeF Posted December 11, 2014 Report Share Posted December 11, 2014 SUch "security deposits" are illegal. Any employer asking for money, no matter how they call it, is a fraud. File a complaint with DOL on form WH4. And find another employer, since this one has been breaking the law. Link to comment
onh1b2014 Posted December 16, 2014 Author Report Share Posted December 16, 2014 Hi, can you please tell me how much money they can ask? If it is nominal, i can just pay and get out. Thanks. Link to comment
JoeF Posted December 16, 2014 Report Share Posted December 16, 2014 Hi, can you please tell me how much money they can ask? If it is nominal, i can just pay and get out. Thanks. You still don't get it, do you? You participated in the fraud, by paying this "security deposit." Link to comment
jairichi Posted December 16, 2014 Report Share Posted December 16, 2014 Hi, can you please tell me how much money they can ask? If it is nominal, i can just pay and get out. Thanks. It will be not be nominal at all. Link to comment
rahul412 Posted December 16, 2014 Report Share Posted December 16, 2014 Hi, can you please tell me how much money they can ask? If it is nominal, i can just pay and get out. Thanks. You are not suppose to pay any money, that's ILLEGAL. Link to comment
onh1b2014 Posted December 19, 2014 Author Report Share Posted December 19, 2014 Thanks a lot All for posting your suggestion. If i get a good opportunity then i can legally leave my current company and join my new employer. I found below link (DOL) from other posts which says... "Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract." Link: http://www.dol.gov/compliance/guide/h1b.htm So employer can ask me for expense reimbursement as stated in my contract. Can you please provide your suggestion? Thanks. Link to comment
jairichi Posted December 19, 2014 Report Share Posted December 19, 2014 Thanks a lot All for posting your suggestion. If i get a good opportunity then i can legally leave my current company and join my new employer. I found below link (DOL) from other posts which says... "Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract." Link: http://www.dol.gov/compliance/guide/h1b.htm So employer can ask me for expense reimbursement as stated in my contract. Can you please provide your suggestion? Thanks. Talk to a good labor attorney from your state with all documents that you possess. Link to comment
rahul412 Posted December 19, 2014 Report Share Posted December 19, 2014 Yes, you can. But why did you deposited $4000 that's illegal. Contact an attorney for help. Link to comment
onh1b2014 Posted December 19, 2014 Author Report Share Posted December 19, 2014 @Rahul, I didnt know about it. They asked for it. Link to comment
jairichi Posted December 19, 2014 Report Share Posted December 19, 2014 @Rahul, I didnt know about it. They asked for it. Ignorance of law is not an excuse. Talk to a good attorney. Link to comment
rahul412 Posted December 19, 2014 Report Share Posted December 19, 2014 @Rahul, I didnt know about it. They asked for it. You cannot say like that, contact an good attorney. And ask that employer to give back your money. Link to comment
JoeF Posted December 19, 2014 Report Share Posted December 19, 2014 @Rahul, I didnt know about it. They asked for it. Hmm, it really isn't new that paying for an H1 isn't allowed. Consulates in India give out letters where that is clearly stated. And on forums, it has been mentioned for years. Link to comment
ashuneel Posted December 20, 2014 Report Share Posted December 20, 2014 If you get a new opportunity you should take it. Your current employer cannot stop you from doing that. Since you have already paid them $4000 consider that as liquidated damages and move on. Even if you owe any money beyond that it will cost them more money to pursue damages and they will not waste time doing that. This looks like purely a scare tactic and don't fall for it. Link to comment
onh1b2014 Posted December 22, 2014 Author Report Share Posted December 22, 2014 Thank you all for your suggestion. This gave me a confidance to move on. I will keep you all posted. Regards, Link to comment
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