Breaking H1b Contract Before Joining

My question involves labor and employment law for the state of: New Jersey

Hi, I have my H1B status starting from a particular date in future sponsored by company A. I did sign a contract with them stating that if I don't join on the join date I will pay a sum to them in lieu of the charges(which I don't know). But I have still not joined the company nor did I complete I-9 and W-4 forms. As of now I am not feeling well and wont be able to join the company. Can they ask me to pay that sum legally? Should I go to DOL if they ask. Please advise!!!

If you signed the contract, you will have to pay. If you don't pay and they choose to sue you, they will win. Whether or not you signed I-9s and/or W4s is irrelevant. The DOL won't help you because this isn't an issue covered by the DOL's regulations. This is a matter of contract law.

The above answer is correct assuming that what you signed is actually a contract. For that, you will have to show it to an attorney in New Jersey.

Immigration authorities don't usually grant an H1b without first seeing a contract.

Whether or not the contract is enforceable depends upon its terms. The employer can seek reimbursement for certain expenses, not including its legal fees for seeking the H1B. The amount needs also to be related to the company's expenses, not a penalty. The details matter.

Thank you all for replying. It was not termed as a contract but was specified in the offer letter itself. I still haven't joined company and my status will be starting from a future date. It is specified that if I don't join on the specified date I will have to pay a sum immediately to company A in lieu of various expenses incurred. I don't think that the company had spent anything else other than visa expense. And I heard from a friend that contract doesn't apply if I don't join at all. Please excuse me if I am wrong as I don't have much knowledge in this. Please give your valuable comments so that I can know more.

As a senior manager in a company that has hired more than a few H1B's, the costs are way more than just some minor "visa expense". It costs me substantial legal fees to pursue an H1B applicant as well as all the hoops I've got to jump through, advertising etc... to prove that no US legal worker can fill the job. We're talking about THOUSANDS of dollars here. Get yourself to your job as you agreed or be prepared to be sued all the way back to what ever country you came form. You can guarantee that I'm going to call CIS and inform them immediately of the breech.

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Quoting Blossom24

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Thank you all for replying. It was not termed as a contract but was specified in the offer letter itself. I still haven't joined company and my status will be starting from a future date.

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You either have a contract or you don't. Make up your mind. If you're not sure whether or not you have a contract, have a lawyer review the documents.

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Quoting flyingron

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Get yourself to your job as you agreed or be prepared to be sued all the way back to what ever country you came form.

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Highly unlikely. Litigation is expensive, and more so when it's international. How often has your employer flown you out to India to testify in court about a broken H1B contract?

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Quoting flyingron

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You can guarantee that I'm going to call CIS and inform them immediately of the breech.

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Nothing wrong with revoking the H1B. That has more of a potential impact, though, if the person is in the U.S. - if they're not, they can't transfer it anyway.

Thanks for the replies. I am ready to pay for the loss incurred because of my hiring. They cannot ask the h1b filing fees back as it is illegal. As you say, if it is to advertise and find that no US citizen is fit for the position, i dont think it will amount to $6000 that they ask. If they itemize the cost and produce the receipts i am always ready to pay. I moved from h4 to h1 and hence they did not spend a penny in flight travel or accomodation. I cannot blindly pay a fixed amount just because i signed an offer letter. Whatever is legal amount to pay, i will.

I'll sue them for as long as they stay in the US. If they go home, yeah I'm screwed, but if they go to work for another US company, you can guarantee I will.
It's NOT just filing fees Blossom. You aren't paying attention. It costs REAL money to push the paper on H1B's. Suck it up and take the job you agreed to and stick it out for whatever minimum duration your job calls for. With an attitude like yours, you don't sound like someone that a company wants as a career employee either, but that doesn't mean they should throw $6000 in the toilet because of your sociopathic immaturity.

People like you give hardworking honest foreign nationals looking for work in the US a bad name.

Hi blossom 24..
what happened in your case.. did you paid back the amount.. i am on the same boat.. suggest me what to do..
My employer asked me to give back H1b filing fee and relocation expenses around 7000$. Its was written in offer. This will be applicable if i do not stay for a minimum period of 6months. Now its 5th month since i joined and i want to quit..