H-1B Transfer, employer asking for reimbursement

[HitT]

Hi all,

I started working in a Company A in 2013 on my F-1 OPT. In 2014 they filed for my H-1B. The offer letter that I signed in 2013 while joining mentioned that the company will pay for my required visa but in the event I resign before 3 years I need to reimburse the company. I asked recently and the amount was close to $6000. Will I have to pay that amount or the company is not allowed to ask me for that money. Also, this amount includes the fees of attorney they hired for my H-1B processing.

Thanks

[raghvi]

Hi all,

I started working in a Company A in 2013 on my F-1 OPT. In 2014 they filed for my H-1B. The offer letter that I signed in 2013 while joining mentioned that the company will pay for my required visa but in the event I resign before 3 years I need to reimburse the company. I asked recently and the amount was close to $6000. Will I have to pay that amount or the company is not allowed to ask me for that money. Also, this amount includes the fees of attorney they hired for my H-1B processing.

Thanks

This is a very greyish area, technically the employer can ask for refund of any fees that they might have incurred in training you. Afterall, to be fair to the employer, they did incur costs on visa processing for you. At the same time t can become difficult and tiring to prove whether they provided any such training or not.

Employer may not approach the courts immediately, but the risk is that the employer will try to withhold your final settlement or your exprience letters.

If you approach the courts....it can become messy for either of to try to prove the justification and eventually you both may do a out of court settlement.

Advisable to negotiate the same with the employer beforehand and see the options.

This is my opinion not legal advice.