Multiple H1 transfer filed, First employer asking for H1 fee


amanbindal

Recommended Posts

On 23rd July I signed an agreement with employer A, that i will pay for H1 transfer fee if i'll not join them, then they filed my H1B transfer petition in premium processing on 31st, Today i told them that I am not gonna join them as I got better offer from employer B So will not join you(employer A). 

Now they have send me an invoice for $6000, stating that if you fail to pay this amount by Aug 12, 2103, we will file a legal case as per our agreement. 

Following are the detail of invoice: 

I-129 Government/Filing Fee 3550.00 
(For H1B) 
($325+$500+$1500+$1225) 
I-539 Derivative 290.00 
Attorney fee-H-B 1400.00 
Attorney fee-Derivative 500.00 
Total: US $ 5,740.00 

Now my point is, Is there any way I can save this money? 
As i want to join employer B, where my joining date is Aug 12th and my joining date with Emp A is Aug 5th, Also i am already relieved from my current employer.

Link to comment

On 23rd July I signed an agreement with employer A, that i will pay for H1 transfer fee if i'll not join them, then they filed my H1B transfer petition in premium processing on 31st, Today i told them that I am not gonna join them as I got better offer from employer B So will not join you(employer A). 

 

Are you  sure that it's H1 processing fee on that agreement??

If it is true, then you are safe.

 

BY LAW you are not supposed to PAY H1 fee. So tell that FRAUD employer that you are going to file a complaint against him. And in that complaint mention clearly that he is asking for H1 processing fee and you didn't know that paying H1 fee is ILLEGAL.

 

Before you take ANY action, contact some good attorney to review that agreement.

Link to comment

In My Case, I accepted an offer with an Employer A however, did not sign any contract to pay H1 fee in lieu of me not joining and  as I have a better offer with Employer B and as I received the H1 transfer for even Employer B, I decided to join the employer B.

 

up on intimating the Employer A, Employer A is threating that I pay the H1B Fee of $7000 Approximately, directly to his Immigration Attorney, else he would either sue me or make a complaint on me to the INS.

 

My question is that even though I signed the offer letter and submitted my application form to Employer A, They no where mention the clause or condition about repayment of H1B Fee incase of me not joining them. Could they still sue me for this???

 

Appreciate your Views  as it really helps me to decide on my future course of action.

 

Best Regards

Link to comment

In My Case, I accepted an offer with an Employer A however, did not sign any contract to pay H1 fee in lieu of me not joining and  as I have a better offer with Employer B and as I received the H1 transfer for even Employer B, I decided to join the employer B.

 

up on intimating the Employer A, Employer A is threating that I pay the H1B Fee of $7000 Approximately, directly to his Immigration Attorney, else he would either sue me or make a complaint on me to the INS.

 

My question is that even though I signed the offer letter and submitted my application form to Employer A, They no where mention the clause or condition about repayment of H1B Fee incase of me not joining them. Could they still sue me for this???

 

Appreciate your Views  as it really helps me to decide on my future course of action.

 

Best Regards

First, ask him to show the proof that you have signed that agreement with that clause.

Second, contact some attorney and review all the agreement documents and follow his suggestion.

Link to comment

Archived

This topic is now archived and is closed to further replies.