Employer wants me to pay for H1B legal fees after termination. Never signed agreement

[lebronkahn]

Hello fellas,


This is my first post here. Really in need of help as I'm a little afraid under current circumstances:


In May 2019, my employer obtained I-797 for my H1B visa which will be valid until 2021 I think. And in July 2019, I had to go back to my home country due to important family reasons, therefore I need to get my visa at US consulate in my home country, China. However, I was met with a totally unexpected situation: administrative processing. People who have undergone it know that it's a long and painful process with no definitive end in sight. After I told my employer the situation, they decided to terminate employment with me.


And now, I'm back in the US with a dependent visa, I received a bill from my company's lawyer. Interestingly the letter is addressed as:


"My Previous Employer Name

Attn: My Name

My home address"


So my name is in the subject line, but the bill is addressed to my employer and is sent to my home address. I see the billing items are for the consultation with lawyers to discuss my situation and even termination when I was on administrative processing. I think the message is clear: my employer wants me to pay for the legal fees as I cost them these additional legal fees with my administrative processing. So they basically told the lawyer to send the invoice to me although it's clearly addressed to them.


My question is, is this legal for them to try to charge me for those legal fees? I'm positive that I never signed anything with either my employer or the law firm. All the dealings were between my employer and the law firms. Do I have solid grounds to file a complaint to the Department of Labor if they continue to send me the bills?


Thank your time in advance. Any help or advice is appreciated.

[scientist2016]

H1B and its associated fees are to be paid by the employer. You definitely have a case against them if they charge you for the fees.

[abecede]

That's a big no. They have to pay. They will definitely pay these fees if you respond back them saying nicely 'i will take this to the court'.

UNLESS you have a dependent in your case. If you add your spouse or child etc in your application, then they may ask fees related to them upon termination.

[lebronkahn]

H1B and its associated fees are to be paid by the employer. You definitely have a case against them if they charge you for the fees.

Thanks for your reply. Apparently I don't have email notifications whenever someone replies to me so I just saw this. I am not sure what to do with these invoices. I think the message is clear that the company wants me to pay. However, they didn't say it in the writing. It's just an invoice to my home address. Shall I return it to the lawyers, forward to my employer or just ignore them? Is this enough for me to file complaints against them to Department of Labor?

Thanks again.

[scientist2016]

I would just ignore them, unless you receive a more stringently worded letter, in which case you can forward it to the employer or escalate thereafter by appealing to DOL.

[lebronkahn]

That's a big no. They have to pay. They will definitely pay these fees if you respond back them saying nicely 'i will take this to the court'.

UNLESS you have a dependent in your case. If you add your spouse or child etc in your application, then they may ask fees related to them upon termination.

Thanks for your reply. Nope, I was single at the time. All the paperwork was just for me.

I am not sure what to do with these invoices. I think the message is clear that the company wants me to pay. However, they didn't say it in the writing. It's just an invoice to my home address. Shall I return it to the lawyers, forward to my employer or just ignore them? Is this enough for me to file complaints against them to Department of Labor?

Thanks again.

[lebronkahn]

I would just ignore them, unless you receive a more stringently worded letter, in which case you can forward it to the employer or escalate thereafter by appealing to DOL.

Thanks. Will they be able to send that to collection and claim that I owe the debt instead of the employers? Would that qualify as a "more stringently worded letter"?