H1B Transfer Fees Question

[beefdaniel]

I came into the US on an H1-B though employer A. I switched jobs to an end user manufacturing company who transferred my H1-B.

However when I asked my I 797 they asked me to sign a document which said that in case I quit before 2 years I would have to pay the visa transfer fees and the lawyer fees they incurred for the H1-B transfer. I have signed the document.

Just to add the H1-B Transfer Fees payment clause wasn't a part of the offer document, but another document which had the repayment details.

Now its been 6 months and I don't really like the work and I would like to change jobs. I really don't want to pay up because logically I think I shouldn't have to.

Whats the case here - is there a legal precedent that I will have to pay since I signed the document or is there a way I can get around it?

If someone can help whats the H1 Transfer Fees (Premium Processing) and approximate Lawyer fees; Cohen Law handled the H1 Transfer.

I have read the USCIS page here http://www.dol.gov/whd/regs/statutes...m#.UMs4quTAdRc and it says that employee is not liable to pay. However is there a state law which overrides USCIS. I am in PA.

Regards,

Dan

[rahul412]

However when I asked my I 797 they asked me to sign a document which said that in case I quit before 2 years I would have to pay the visa transfer fees and the lawyer fees they incurred for the H1-B transfer. I have signed the document.

If you have signed any agreement with your current employer , that agreement is valid.

But the term 'visa fee' should not be mentioned specifically, since paying the visa fee by the employee is illegal. Better if you show that agreement to any good attorney.

[pontevecchio]

How much money is involved? You should run your contracts by a Labor Lawyer in PA and get his take.