hstill Posted November 30, 2011 Report Share Posted November 30, 2011 Background: I recently quit my Full Time job with an employer for whom I worked for 1 year and 9 months. As soon as I quit the job for a better opportunity, the HR reminded me about a Repayment Agreement that I had signed at the time of joining which essentially stated that I would owe the company 100% expenses incurred as part of the H1B filing if I quit within 1 year and 50% expenses if I quit within 2 years. However, at the time of quitting the job I was already holding a Green Card which I got through my family within 6 months of starting the job but, went ahead and worked for 1 year and 2 months even after becoming a permanent resident. I have just two questions in this regard. Questions: 1. Isn't a H1B employer supposed to bear all the costs for a H1B employee, if so why do they need to take it back if I worked for a longer term. 2. At the time of resigning my employer was no longer my H1 B sponsor, so do I still need to pay them for something that they no longer are sponsoring? 3. The requested amount is more than the actual fee of the H1 B filing itself as it includes the attorney fee as well, and does not consider the fact that I was made to pay the additional fee for expediting the application to premium processing. I am not liable for half of the H1 B application fee ONLY? This is something I never heard happening to anyone so I thought I would share with you all. I would appreciate any detailed response as to what my corrective action should be. Thanks, Hstill. Link to comment
JoeF Posted December 1, 2011 Report Share Posted December 1, 2011 There are some costs that the employer has to pay and can't get reimbursed for. The rules are laid out in 20 CFR 655.731: http://edocket.access.gpo.gov/cfr_2008/aprqtr/20cfr655.731.htm Link to comment
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