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  • Reimbursement of H1B costs

    Hello Friends,
    Company A had applied for my visa, however close to two weeks after the application, I got a much better offer from another company B. I joined company B but company A is angry at me and asked for $8k in reimbursement for H1B costs. They claim:

    $325.00 I129 filing fee
    $1225.00 premium processing fee
    $6400 in attorney fees.

    Also they claim there is about $1900 in fees for filing PERM but they can't legally ask for those costs as per them.

    I want to reimburse them because I realize that I am wrong here (though not legally), but I am in no mood to pay more than $3.5k which is what I always thought was the maximum cost. They are claiming in total they spent close to $10k in transferring my H1B. The employment offer if at will and my offer letter clearly states that my employment offer can be withdrawn at any time and I refuse an acceptance of offer at any time with or without cause. If I refuse to pay more than $3.5k can the company sue me. Will the court even accept the case forcing me to fly to the east coast to defend myself? Is there anyway that I can ask them for the exact costs like bills or checks paid to the law firm.

  • #2
    Good Luck

    I have heard that the State of NY has some rule which favors the employer in such cases if you have signed any formal agreement / contract with the employer.

    Otherwise I think you dont have to pay them anything legally, but its a small world. You know...

    Comment


    • #3
      It is hard to comment without knowing what you have signed. The filing fee and the premium processing fee are correct. The attorney fees vary from one to another. If you have signed some documents with the employer, then better consult a good attorney. If you have not signed any documents, then you don't have to worry much.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        They cannot legally ask you to pay the filing fees for sure. No agreement will change that. Other fees however can be paid by the employee.
        This is my opinion and not legal advice.

        Comment


        • #5
          I have signed the offer letter of course. But the offer letter clearly states that the employer can withdraw the offered job and I can reject even after acceptance.

          Comment


          • #6
            If that is all you have signed, then you don't have to worry. If you have signed anything else, then consult an attorney.

            Originally posted by amarjain77 View Post
            I have signed the offer letter of course. But the offer letter clearly states that the employer can withdraw the offered job and I can reject even after acceptance.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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