Employer asking for H1B petition fees

[avbose]

I was working at XYZ and they applied for my H1B US visa. Meanwhile I got another offer and I had resigned from XYZ. I have got all my experience letter and resignation acceptance letter from them.
But after joining my new company I am getting calls from HR representative from XYZ asking to pay 2.5 Lakhs INR as the H1B petition is approved or else they will take legal action and provide negative feedback when my background verification will be done. Also they have hold onto my full and final settlement money.
I had not signed any such bond at the time of document submission for Visa processing.
Kindly advice me what to do now as this may impact my career if they really provide negative feedbacks on my background check.

Thanks & Regards

[raghvi]

I was working at XYZ and they applied for my H1B US visa. Meanwhile I got another offer and I had resigned from XYZ. I have got all my experience letter and resignation acceptance letter from them.
But after joining my new company I am getting calls from HR representative from XYZ asking to pay 2.5 Lakhs INR as the H1B petition is approved or else they will take legal action and provide negative feedback when my background verification will be done. Also they have hold onto my full and final settlement money.
I had not signed any such bond at the time of document submission for Visa processing.
Kindly advice me what to do now as this may impact my career if they really provide negative feedbacks on my background check.

Thanks & Regards

Tell them its illegal as you never signed up for it and if further harassed you will complain to DOL.

This is my opinion not legal advice.

[avbose]

Employer asking for H1B petition fees

Tell them its illegal as you never signed up for it and if further harassed you will complain to DOL.

This is my opinion not legal advice.

Thanks Raghvi for replying. Right now my full and final settlement is on hole and I am waiting for their reply to me email.
Should I contact labour lawyer for legal advice. Kindly suggest if you have any labour lawyer contact in Bangalore.

Regards.

[avbose]

Employer asking for H1B petition fees

I was working at XYZ and they applied for my H1B US visa. Meanwhile I got another offer and I had resigned from XYZ. I have got all my experience letter and resignation acceptance letter from them.
But after joining my new company I am getting calls from HR representative from XYZ asking to pay 2.5 Lakhs INR as the H1B petition is approved or else they will take legal action and provide negative feedback when my background verification will be done. Also they have hold onto my full and final settlement money.
I had not signed any such bond at the time of document submission for Visa processing.
Kindly advice me what to do now as this may impact my career if they really provide negative feedbacks on my background check.

Thanks & Regards

Hi Team,

My previous organization had already hold onto my full and final settlement and threatening me that they will provide negative feedback on background verification.
Kindly advice me what to do now. What could be the implication if I sent them legal notice on this.

Thanks.

[raghvi]

Ask them in written email correspondence what is the basis for this amount as it wasn't part of your employment contract with them and to show prof of your signature on any such contract.

This is my opinion not legal advice.

[avbose]

Employer asking for H1B petition fees

Ask them in written email correspondence what is the basis for this amount as it wasn't part of your employment contract with them and to show prof of your signature on any such contract.

This is my opinion not legal advice.

Thanks Raghvi. I had emailed them asking for legal proof and also said that I will take legal action if they do not close this. But they have responded simply saying that pay the amount and close this.
I asked them to legal action on my if they feel so. But they are not doing so but also not clearing me from this obligation. I had talked to one advocate who told me that we can send them legal notice, but will that help. Or will you advice any other option. I can also keep quite but my concern is they can create background check issue when I will join some other company in future and they will do check again for all my previous companies. Also if my full and final settlement is on hole then I might not get my form 16 for current financial year, and can no file IT return also.

Regards.

[raghvi]

I believe this is not an immigration issue as you are back in your home country. And as its in your home country I doubt you can complain to DOL.

As for background check, these emails should be proof enough for next employer to believe you in good faith.
As for final settlement, tell them that the amount is your due as per the company policy and they should pay up.
As for Form 16 , by law the employer must and should provide it to you.

Generally, after some pushing around, if the employer doesn't have any legal ground, they would relent, you just have to keep your foot firm.

This is my opinion not legal advice.

[avbose]

Employer asking for H1B petition fees

I believe this is not an immigration issue as you are back in your home country. And as its in your home country I doubt you can complain to DOL.

As for background check, these emails should be proof enough for next employer to believe you in good faith.
As for final settlement, tell them that the amount is your due as per the company policy and they should pay up.
As for Form 16 , by law the employer must and should provide it to you.

Generally, after some pushing around, if the employer doesn't have any legal ground, they would relent, you just have to keep your foot firm.

This is my opinion not legal advice.

Thanks a lot Raghvi for replying, sorry for delayed response. I have consulted with advocate meantime with my old offer letter and the emails. She suggested me to send them legal notice. If I initiate this legally from my side will there be any negative implications.

Regards,
Avishek