H1 visa legal fees reimbursement after not joining a company

[vishalbnd]

hi,

I need your help urgently.

Sometime back I had decided to leave my current company X to join company Y.

I had given them written as well as verbal commitment.

Company Y processed my h1 transfer under premium processing too and it was accepted.

But I changed my mind 1 week before joining date to not leave company X.

Now company Y are asking me to give them money(legal fees) back whatever they spend on my h1 transfer which is approx.. $5500

I just wanted your legal advice on this scenario whether I am obligated to pay company Y in any way to pay that amount.

Thanks

[JoeF]

Have you signed an agreement to pay the fees?

If not, you are in the clear.

And if you have, well, I and others have long warned people not to sign any such agreement and to stay away from any company that wants money for an H1.

[vishalbnd]

Thanks for your reply.

I don't know if I have signed anything. I have asked that company for the paper which says so.

In any case out of the following what portion I am legally obligated to pay?

1. h1 filing fee

2. premium processing fee.

3. lawyer fees

[vishalbnd]

I just got an email from them following is the breakup of the fees which they have provided:-

Application Filing Fee $325

Fraud Prevention Filing Fee $500

Supplemental Filing Fee $1,500

Premium Processing $1,450

Legal Fees $1,579.85

[vishalbnd]

I have found the document which I have signed it has the following clause:-

Attorneys' Fees. In the event the Company is required to engage the services of legal

counsel to enforce the terms and conditions of this Agreement, the Company shall be

entitled to recover its reasonable attorneys' fees and other costs and expenses incurred in

enforcing this Agreement.

Following is the break up of fees that they have sent.

Application Filing Fee $325

Fraud Prevention Filing Fee $500

Supplemental Filing Fee $1,500

Premium Processing $1,450

Legal Fees $1,579.85

Can someone please review it and tell me which one of them I am legally obligated to pay in the this case.

I really appreciate if anybody could help me here

[JoeF]

You would have to discuss this with a lawyer specializing in labor law, as well as with an immigration lawyer.

The law requires that the company pays the fraud prevention fee. They can not get that from the applicant in any way or form.

Who pays for the other fees may be up to negotiation.