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  #1  
Old 04-17-2010, 01:10 PM
midnight55 midnight55 is offline
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Default Help!!!! - transfer of H1B to new employer, but current employer providing challenges

I have a H1B visa and am about to start the process of applying to transfer to a different employer, as me and my employer have mutually agreed to end job,although they initiated this proceeding. My current employer told me that i will work for them till july 31st, i was told i had to hand in written resignation by yesterday and handed in a resignation stating that i will provide my last date of work in a week as it is dependent on my starting date at a new job. They told me that i cannot leave before end of july as they hold my visa and will not release it until July. (new job starts beginning of June)

I have an offer letter from them stating if i leave before contract is up i will be responsible for repaying visa costs - unfortunately for them i did not ever sign a contract as they never gave me one (they even emailed me a notice saying they should probably write up a contract but there prety bad at things like that' - but surely if they initiated the move to end the contract i would not be responsible for this.

Please help - i need to think of my new job, not my old one....

On another note, my employer was my co-buyer on my car and they have asked me to remove their name. If they agreed to do this, legally are they not stuck with this. i have option to refinance my car, to remover name but not with a very good deal..
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  #2  
Old 04-17-2010, 05:14 PM
snathan snathan is offline
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Default

Quote:
Originally Posted by midnight55 View Post
I have a H1B visa and am about to start the process of applying to transfer to a different employer, as me and my employer have mutually agreed to end job,although they initiated this proceeding. My current employer told me that i will work for them till july 31st, i was told i had to hand in written resignation by yesterday and handed in a resignation stating that i will provide my last date of work in a week as it is dependent on my starting date at a new job. They told me that i cannot leave before end of july as they hold my visa and will not release it until July. (new job starts beginning of June)

I have an offer letter from them stating if i leave before contract is up i will be responsible for repaying visa costs - unfortunately for them i did not ever sign a contract as they never gave me one (they even emailed me a notice saying they should probably write up a contract but there prety bad at things like that' - but surely if they initiated the move to end the contract i would not be responsible for this.

Please help - i need to think of my new job, not my old one....

On another note, my employer was my co-buyer on my car and they have asked me to remove their name. If they agreed to do this, legally are they not stuck with this. i have option to refinance my car, to remover name but not with a very good deal..
You have zero knowledge about immigration and H1B. So your employer is taking full advantage of it.

1. There is nothing called releasing visa. If your H1B already approved you are done. You can join the company even today. If its not already approved you are in trouble as your employer is going to revoke your current visa. But again, if you already applied for transfer with new employer, your current employer can not do anthing.

2. Even if you have singed the contract to repay visa cost, its illegal. No matter what, your employer can not ask the visa cost. Just tell them you are going to file complaint with USCIS if they ask you the cost of the visa.

They are just trying to scare you. Stand up and challenge them.

Last edited by snathan; 04-17-2010 at 05:17 PM.
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  #3  
Old 08-03-2011, 08:51 AM
nnsandhya nnsandhya is offline
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Default same situation

Hi,

I am also in the same situation and my previous employer is asking to pay 3000$ for my H1 filing fee as I moved out from the company. Can you share your experience.

Thanks!
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  #4  
Old 08-03-2011, 09:20 AM
CRAZYMONK CRAZYMONK is offline
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As snathan said, it is illegal to collect the H1 B fees from beneficiary. You might want to get that in writing from your employer. Then they will be in soup.
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Old 08-03-2011, 09:43 AM
nnsandhya nnsandhya is offline
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Default

thank you for responding so quickly.. let me post my story here..
I joined a company in Dec 2009 and when I was given offer letter they did not mention that I have to sign a contract to pay them the H1B fees. After 10 months they got this document to me and wanted to sign an agreement. I was confused and since I am in middle of my employment I have no other way but to sign it as the HR used to call me every day to sign it.

Now I got soo frustrated with that employer as they keep changing the rules, I left my job. They wanted me to pay 2400$ since I left the company after 1 year of employment. Is this legal that a employer can ask to pay the H1b fees. They said the total is 4800$ and if i leave with in a year I am responsible for the whole amount and if I leave in the second year I have to pay half the expense they mentioned. Is this amount a valid one.
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  #6  
Old 08-03-2011, 09:47 AM
desi3933 desi3933 is offline
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Default Employer can seek liquidated damages caused due to breach of signed agreement.

Employer can't ask for H-1B filing cost, however, employer can seek liquidated damages caused due to breach of signed agreement. Such agreement, in most cases, come under state labor law. So, it is possible that contact is legal in one state and illegal in another state.

Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas)

Read section Employee Rights

From the link ...
Quote:
....However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.

________________
Not a legal advice.
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  #7  
Old 08-03-2011, 09:55 AM
CRAZYMONK CRAZYMONK is offline
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Quote:
Originally Posted by nnsandhya View Post
Hi,

I am also in the same situation and my previous employer is asking to pay 3000$ for my H1 filing fee as I moved out from the company. Can you share your experience.

Thanks!
Quote:
Originally Posted by nnsandhya View Post
thank you for responding so quickly.. let me post my story here..
I joined a company in Dec 2009 and when I was given offer letter they did not mention that I have to sign a contract to pay them the H1B fees. After 10 months they got this document to me and wanted to sign an agreement. I was confused and since I am in middle of my employment I have no other way but to sign it as the HR used to call me every day to sign it.

Now I got soo frustrated with that employer as they keep changing the rules, I left my job. They wanted me to pay 2400$ since I left the company after 1 year of employment. Is this legal that a employer can ask to pay the H1b fees. They said the total is 4800$ and if i leave with in a year I am responsible for the whole amount and if I leave in the second year I have to pay half the expense they mentioned. Is this amount a valid one.
If the signed contract is about paying H1 B charges explicitly, you don't have any problem. If they have any thing else which is legitimate clause, then you need to bind to the contract.
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