Company asking for H1 transfer fee

[Waitingfortheday]

Hi All,

Here is my case:

I got an offer from company A in September 2011. I have sent documents for transfer at the end of September 2011. I didn't hear from them till the mid of January 2012, when they called me to check for my availability - I said yes and they have filed the transfer in premimum processing and got the approval by mid of Feb 2012.

Now, I'm not in a position to switch to new employer due to family reasons (definitely not because of a better opportunity or goodies from the current employer ). But in the offer letter it's been clearly mentioned that I need to pay the transfer fee if I don't join them after the transfer.

Now my concerns are:

1. Are there any legal issues in continuing with the current employer even though the transfer is complete.

2. Do they have legal rights to ask for the transfer fee. How far this can go if I don't pay back the transfer fee - I know ethically I have done wrong, but I can't help it with my current situation.

Please advice.

[JoeF]

Some of the fees have to be paid by the employer, by law.

And next time, run away from any company that wants money for an H1.

[Waitingfortheday]

Thank you so much for the response.

[blancx]

1. No legal issues here.

2. They are required to pay by law. Tell them you will not pay since they you are not required by law. If they say that you signed, tell them you ddint know that employer was legally required to pay and that they misled and provided false information in a contract. Or you could offer paying for the fees not required by the employer to pay, for e.g. lawyer and premium processing fees. That should probably shut them up.