Company asking for H1B cost

[punekr12]

I have been working in a consultancy company for around 10 months on H1B. I recently got a new job and decided to accept it.

When I resigned from my current company, they are asking me to pay back the H1B cost because I did not stay with them for a year, saying that its a damage to the company's investment in me.

Also, an important factor for me leaving the company is that they were not able to find a project for me for almost 3 months and just asked me to work on some certification which is not real work.

I have never signed any document that bounds me to pay this money but then they printed me a page from the employee manual that says they can do this.

Can a company do this to to H1Bs? Does this violate the "at will" employment ?

Thanks !

[JoeF]

Did they pay you while you were on bench?

A company can not ask for a penalty for leaving a job early. That's by law, and no contract can override that The employment handbook is not a contract.

[pontevecchio]

In any matter involving Labor Law one gets a Labor Lawyer in that jurisdiction to opine on the validity of any contract.

[0407]

If you don't have agreement/contract with them then they can't. even with contract they

can't recover H1B filing fees. However attorney costs and premium processign can be recovered

if after the recovery, your salary is not reduced below the prevailing wages.

All desi shops will hold your last pay checks and won't pay you. You can file a complaint with DOL.

[Attorney_10]

The facts of your case appear complex. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts of your case. Generally, an employer may not deduct an H1B employee's wage below the required wage and an employer may also not require the employee to pay a penalty for ceasing employment. However, in limited circumstances, an employer may recoup bona fide liquidated damages, depending on state law. Thus, it is also recommended to consult with a local employment law/contract law attorney in your state.

[rahul412]

Can a company do this to to H1Bs? Does this violate the "at will" employment ?

since you have not signed any agreement, you should be good.

But I suggest you to contact some good attorney and file a case against that fraud employer.

[punekr12]

thanks all for the responses ! some other details are that -

the employer was paying me a proper salary throughout my time there.

the conflict arose only when I was leaving before completing 1 year which was due to the fact I was on bench.

[wiweq]

"When I resigned from my current company, they are asking me to pay back the H1B cost because I did not stay with them for a year, saying that its a damage to the company's investment in me."

=> H1b is an employer owned visa. They own it, they pay it. It's 100% risk on employer. Even attorney fees should be paid by employer as they are hiring someone for their work. As an employee would you pay to the electrician who was hired by your employer to fix the lights of the building? No, your employer owns this building they have to take care of this.

Next step: Visit your stat's DOL website and file a complaint using WH4 form. This Wh4 form is made to save H1b rights. You will be assigned an investigator (100% free). Send all communication/ emails/ documents with your employer to him/ her.