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  1. #1
    Join Date
    Dec 2011
    Posts
    3

    Default H1b Transferred, Decided Not to Join - Are There Any Liabilities

    Hi!

    There is a candidate on H1-B visa, working for a company, who was looking for new jobs. The candidate was offered a job with Company A and accepted the offer, signed the offer letter. The company expedited the visa transfer and it cost the company about $3200. While the procedure was going on, the candidate got another offer with Company B and decided that it is a better option for him/her. The H1-B visa transfer with Company A was complete by the time this happened and the candidate informed the Company A that he/she will not be joining. Now, Company A is upset obviously and is asking for the money spent in the transfer procedure. They are also trying to put pressure on the candidate....mild threats and all..trying to make him/her feel guilty.

    I personally think that just like the companies can withdraw offers at any point, even after signing the paperwork, candidates can also decline them at any point. I believe it is a common thing and companies need to understand that and act professionally.

    My questions are:
    1. Can the Company A sue the candidate?
    2. Is there any legal obligation on the candidate of any kind? If so, what are they?
    3. Is the candidate legally bound to pay ($3200) for the H1-B transfer to Company A? It might, on the contrary, be illegal to pay.

    Thank you in advance for all the help and advice.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Transferred, Decided Not to Join - Are There Any Liabilities

    Anybody can sue anybody - the big question is, can they win. I don't have access to the offer letter, or any associated contract, but should we infer at this point that no reference was made to a minimum period of employment or to liquidated damages, then the employer has likely left itself without an enforceable remedy - people have the right to quit jobs, just as employers have the right to fire at-will employees without cause.

    Given that we don't know all of the details, we don't know your state, and we don't even know who is doing the asking, if you want certainty you can run the letters / contract and details past a lawyer in your state. I would be surprised if you get a different answer if your synopsis is reasonably complete, but again I haven't seen the correspondence and laws do vary by state.

  3. #3
    Join Date
    Dec 2011
    Posts
    3

    Default Re: H1b Transferred, Decided Not to Join - Are There Any Liabilities

    Thank you Mr. Knowitall. I appreciate your help. Yes, the employment offer letter clearly states that the employment is "at-will" and any one, employee or employer, can terminate at any time, with or without reason.

    If any one on this forum who is knowledgeable about H1-B laws specifically or has had or know of a similar experience would like to answer my 3rd question about paying H1-B filing fee, then it would be greatly appreciated. Is the candidate legally bound to pay the H1-B filing fee or is it, on the contrary, illegal to pay for it? Because, as far as I know, it would be considered "buying" H1-B, which is illegal. Also, there has been no paperwork that states that the candidate would have to pay for it, if he/she does not join.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H1b Transferred, Decided Not to Join - Are There Any Liabilities

    An employer cannot charge an H1B employee the amount of its filing fees.

    Read this.
    Quote Quoting Illegal Deductions
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee; or to pay a financial penalty for leaving employment before a date set in the employment contract; or to pay employer business expenses (such as attorneys fees for preparation and filing of the H-1B Labor Condition Application).
    (Note, as previously suggested, the restriction against financial penalties for quitting does not preclude the employer from seeking liquidated damages described in a contract of employment, consistent with the relevant state laws.)

  5. #5
    Join Date
    Dec 2011
    Posts
    3

    Default Re: H1b Transferred, Decided Not to Join - Are There Any Liabilities

    Thank you Mr. Knowitall. This is exactly what I was looking for. I very much appreciate your help.

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