Ex-Employer demanding VISA fees in return for experience letter

[viveksdesai]

I got H1B visa for one year. My Visa fees was paid by US employer and I paid the premium processsing amount. I worked with this US employer for almost 1 year. I came back to india 18 days before my Visa expiration by resigning and serving proper notice period of 2 weeks. When I requested US employer to provide me with experience letter which is required by my current employer in India, US employer is saying that I did not complete one year with them and I have to pay back VISA amount of $5k to $6k and then take experience letter from them. This was not mentioned in my employment letter neither did I have any contract with them. They did not even inform me about one year serving period when I submitted my resignation letter. Now after 2 months they are withholding my experience letter. I cannot put fake experience letter as my current employer will check with US employer for verification of documents.

When I resgined they said final settlement will take 2 months as they need to request to cancel my H1B visa with USCIS. USCIS said the VISA gets cancelled the same day when employer requests to cancel H1B visa.

Could you please suggest

1. pay money to US employer and take experience letter

2. Complain with Dept of Labour or USCIS against this US employer

3. Let my current employer in india know about this situation and convince them to consider my situation which seems difficult.

Please suggest of you have any better suggestion apart from the above. Your suggestions will be of great help and appriciation.

[JoeF]

Do NOT pay money.

Report the employer to DOL.

[Attorney_23]

Former employers are not legally required to provide an experience letter under immigration law.

[sb1234]

I think you don't need an letter but if there is a background check, the hr or whoever the contact person you have listed must tell about your job and job duties(if asked). They have to provide that information if you have worked there no matter what. I am not sure about the contracts and all. A better choice is an attorney.

Good Luck

[chtummala]

3 ..give them your offer letter and your pay stubs ..