If I didn't join the company, then should I pay H-1b Transfer Fee

[K2M]

I am working with Company A.

Got an offer with Company B and accepted and filed h-1b.

But Got another offer with Company C in the meantime, which is way better for my career and company.

So I decided to join C and declined the offer with Company B.

Now, Company B is asking me to pay the h-1b fees if I don't join them.

If I didn't join the company B, then should I be obligated to pay H-1b Transfer Fee ? Is it legal for company B to ask the h-1b fee in that case.

Please advise, Thanks in advance.

[JoeF]

It can be considered somewhat unethical to first agree to a job and then not join the company. But there is no obligation to pay for the H1 fees. That's the normal cost of doing business for a company.

[SameerH1Bworker]

As per LAW, employer MUST NOT ask H1B petition related fees. It is illegal. You can just tell them it is illegal to ask for H1B petition related fees.

[wiweq]

"Now, Company B is asking me to pay the h-1b fees if I don't join them."

=> In any case, asking H1b fee by beneficiary is illegal. Complain to DOL of your state, call them or use form WH4. You should also call to ICE (immigration and custom enforcement). If they are threatening you for illegal reasons contact you police station and local FBI office too.

If DOL find them asking H1b fees, the employer will get ban for 1 year H1b and GC filing.

More importantly, keep printouts of all the emails related to this. You will use those while contacting those authorities.

Remember, paying H1b fees is 100% risk of employer. Employee may deny joining or may leave them within a week. It’s always employer’s money which is on the risk, not yours.

[sakethwins]

there is no rule that you have to pay for H1B transfer. As per law employer has to pay all the H1B related charges and it is illegal if paid by employer.

Did you sign any document which says that you will pay the charges if you decline the offer after they start the process ?

[K2M]

Thanks for the help. I appreciate all your replies. I understand it is unethical but I negotiated with Company B again on the offer and didn't workout.

My concern is can they claim liquidation damages from me.

I found the below in the dol.gov website.

"

(I) It is a violation of this clause for an employer who has filed an application under this subsection to require an H-1B nonimmigrant to pay a penalty for ceasing employment with the employer prior to a date agreed to by the nonimmigrant and the employer. The Secretary shall determine whether a required payment is a penalty (and not liquidated damages) pursuant to relevant State law."

Thanks in advance.

[wiweq]

"Did you sign any document which says that you will pay the charges if you decline the offer after they start the process ?"

=> Even if he singed this kind of contract that doesn't stand legal. Illegal contracts even signed by both parties have no legal stands.

[wiweq]

" I understand it is unethical"

=> It's not unethical. I would like to share my experience:

After 6 rounds rigorous interviews, I was got the fulltime offer. I left the project in middle and joined that FT position. Just after 2 months they realized to do some business changes and laid off many employees especially H1bs and early hires. I lost the FT position; my H1b was revoked on the same day, got 2 months severance, and money to relocate back to my home country.

There is no ethics in business, they need you they hire you; they put their money (H1b fees) on risk. They don't need you they may let you go even in 1 week. They expect the same from you too. I read a post in this forum that a member got a new position and H1b was approved. She left the previous job and found that the new position is terminated now!

[JoeF]

My concern is can they claim liquidation damages from me.

No, because you haven't even started employment.