Got Picked in lottery but unable to join company

[maya0811]

Hi,

I got picked up in H1B lottery but unable to join due to severe situation at my place so wont be able to continue with my career.

Below clause was in one of the document which I signed and send them while fining the application,

"Reimbursement by the Employee of Certain Expenses Paid by the Employer. In the event that the Employee does not commence employment with the Employer for any reason after filling the Employee’s application for Green card and/or H1B, the Employee shall pay $15,000.00 in case of Green card applicants, $10,000.00 in the case of H1B applicants and $20,000.00 if both Green card and H1B are filled, to the Employer to cover immigration fees, attorney fees, administrative and processing costs. In the event that the Employee is terminated for cause (which includes but not limited to poor job performance) by the Employer or resigns voluntarily within 36 months after commencement of employment, the Employee shall pay $10,000.00 to the Employer as reimbursement and to cover recruiting, immigration, certifications, travel, relocation, orientation and training expenses, and shall also pay any other debts owed to the Employer. If the Employee fails to pay the above amounts in full within 30 days after written notice by the Employer, the Employee shall also be obligated to pay all reasonable attorney’s fees and costs of collection incurred by the Employer."

Also, company who filed my application is consider company A, and they made all the documents of Company B in which above clause is mentioned.

Is this legal, any way I can come out of this as I am facing strong personal family problems. Need help. please respond. 

 

[shekar11#]

On 5/6/2017 at 1:16 PM, maya0811 said:

Hi,

I got picked up in H1B lottery but unable to join due to severe situation at my place so wont be able to continue with my career.

Below clause was in one of the document which I signed and send them while fining the application,

"Reimbursement by the Employee of Certain Expenses Paid by the Employer. In the event that the Employee does not commence employment with the Employer for any reason after filling the Employee’s application for Green card and/or H1B, the Employee shall pay $15,000.00 in case of Green card applicants, $10,000.00 in the case of H1B applicants and $20,000.00 if both Green card and H1B are filled, to the Employer to cover immigration fees, attorney fees, administrative and processing costs. In the event that the Employee is terminated for cause (which includes but not limited to poor job performance) by the Employer or resigns voluntarily within 36 months after commencement of employment, the Employee shall pay $10,000.00 to the Employer as reimbursement and to cover recruiting, immigration, certifications, travel, relocation, orientation and training expenses, and shall also pay any other debts owed to the Employer. If the Employee fails to pay the above amounts in full within 30 days after written notice by the Employer, the Employee shall also be obligated to pay all reasonable attorney’s fees and costs of collection incurred by the Employer."

Also, company who filed my application is consider company A, and they made all the documents of Company B in which above clause is mentioned.

Is this legal, any way I can come out of this as I am facing strong personal family problems. Need help. please respond. 

 

You need to check with a good immigration attorney.