H1B Compensation

[kiran1981]

Hi There,

 

one of the company ( lets call it as Company A)   gave me an offer and processed my H1b.  During that process i got selected into another reputed company ( company B) with higher pay and they too applied my and H1B. Both H1b are approved. however, i wanted to choose company B. Now company A is asking me to pay H1b processing compensation as i am not joining them. Is it legal? Should i have to pay them? 

 

please advice

 

Thanks

Kiran

[JoeF]

The company has to pay for the H1.

[rohang]

its illegal to ask/or pay for h1b processing.

 

did you signed any legal contract?

[rahul412]

No that's not legal, so do not pay for H1.

[balajimcat]

Don't pay. Any matured company will not do even asking for it. If you email from them asking for the loss then agrumental, if explicitly asking for h1b fees then you can sue and become millionaire in a month.

Always keep in mind. A can give this feedback to B by mutual peers, so be discreet in your response.

If A's relation is imp then be diplomatic with no harsh behavior.

[sk.january]

It depends on what the company A's offer and what you signed. They certainly cannot ask you to pay back H1 filing fee but they can ask you to pay back legal fees, documentation / processing, attorney fee's, H1 - premium filing fee etc. that they may have invested. Review what you agreed / signed.

[balajimcat]

1. its at-will employment, so you can resign on the date of joining but thats rude and impacts if you want to seek back for job later with them

 

2. Offer accepted and not joined, then per at -will employment you are not restricted to work to them, accepted offer does not mean you have to join, the only loss to any company would be finding replacement for their project execution (not fees and money)

 

no company will file a law-suit asking for expenses incurred in preparation for your joining (starting from h1b, training plan, work allocation plan) because law suit expenses are more than what they have spent on you, at the same point they well know they cannot win so dont worry

but they can give this feedback to your another joining company if they have close and mutual contact network