Hi Folks, Need advise. On H1B visa I was laid off on Jan 25th, by March I had multiple job offers, accepted 2 job offers (started H1b transfer with both) Company A ( desi consulting firm) started transfer process first and took forever to submit the documents with USCIS they finally submitted on March 30 Company B started transfer process late but they diligently worked on my case with regular updates sent packet in timely manner. I finally chose Company B and started working from March 30, today I received H1b transfer approval also with company B I also emailed as below to company A last week “Thanks for the update. But, due to the delay in H-1B transfer processing from company A & as per the legal opinion I had to accept another another job offer, start working immediately to stop my 60 day grace period clock. So, I will not be able to join company A this time, sorry about the inconvenience.” And they have been constantly calling me saying they have already paid legal fee for my H1b transfer case, If I don’t pay them they will take legal action Can they file case against me ? Can they take legal action ? Please advise #workvisa #h1b #legal #h1btransfer
Depends if you signed anything with them. If it’s at Will employment they can’t do shit.
They might have blacklisted you. But nothing to worry about .
Did you sign anything that says you will pay back the legal fees? If the answer is no, then they cannot sue you. If they do, then they have to be really dumb to spend a lot more money to get you to pay back As Desi company goes, this is scare tactics. Companies are solely responsibly for sponsoring their employees. You have no financial obligation when it comes to visa process
Federal regulations stipulate that a worker cannot be mandated to pay any H1B related expenses considered as business expense. If they made you sign something requiring you to pay them back you can be the one taking legal action.
It illegal for company to ask you to pay any legal fees related to h1b. I'm not a lawyer.
The USCIS requires companies to pay, not you. It's a cost of doing business.
Ask on Avvo just to confirm.
Nah. They can’t proceed legally. They have no standing
Are both of these cases were regular filings?
Company A - regular processing Company B - Premium processing
I have signed these Employment agreement and Addendum to employment agreement of Company A
No, they can’t