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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36682
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I recently accepted a position with my previous company and

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I recently accepted a position with my previous company and the H1b got approved with the petition start date of 2nd Jan 2013.
The previous company where I accepted the offer got it in writing from me that I would bare the cost of the premium filling of H1b. Now that I do not wish to join them, I am willing to pay them the premium filling costs. Can they still sue me if I do not join them, I am in California?
Good morning,

I'm Doug, and I'm very sorry to hear of your situation.

Unless you entered a specific contract with the other employer in which you agreed to work for a specific amount of time for them---then they cannot sue you if you change your mind and decide not to work for them. if you agree to reimburse them for the cost of the H1b filing, then they can demand you do that. But they would not have a viable claim against you for not coming to work unless you were obligated under a separate contract of employment to do so.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,

Doug
Customer: replied 4 years ago.

Thanks for the response. My offer letter did not state any contract clause.

I was asked to respond to the offer letter using the following vebiage:

"Thanks for the offer, I have attached the signed last page of the offer letter and I accept that I would be bearing the cost of the premium h1b transfer."

I am willing to pay them this additional cost required for the premium transfer. I hope I wont have to pay anything else.

Thanks for the additional information.

Under the circumstances, while you are obligated to reimburse them for the cost of the transfer, you are not obligated to work for them and they cannot sue you just because you decided not to work for them.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Until you rate me highly for my service, I will not be credited with helping you. Would you please rate me now, based on my assistance to you in understanding the law.

I wish you the best in 2013,

Doug
LawTalk and other California Employment Law Specialists are ready to help you
Customer: replied 4 years ago.

This is extremely frustrating and disappointing to hear that you changed your mind once again. I asked you multiple times to check whether you were sure about wanting to join XXXX. You also had plenty of time to think this over before accepting the offer and agreeing to join XXXX. Your latest decision has not only cost Visage quite a bit of time and effort, but also considerable money for processing your H1-B transfer.

Below is a list of expenses that XXXX had to incur to transfer your H1-B because you decided to join XXXX. Since it is your decision to not join XXXX anymore, we would like you to pay XXXX for all the expenses incurred and not just the cost for Premium processing.

I am also cc’ing our CEO, and our head of HR, on this email. They will be following with you up on this email.

Invoice #

Payable To

Amount

Memo*

Reference

Special Instructions

6071.8.4.1.C-CH204179

Department of Homeland Security

500.00

Fraud fee/xxxx

xxxx

xxxx(Principal)/6071.8.4.1.C

6071.8.4.1.C-CH204180

Department of Homeland Security

1,500.00

H-1B Education and Training Fee/xxxx xxxx xxxx(Principal)/6071.8.4.1.C

6071.8.4.1.C-CH204181

Department of Homeland Security

325.00

I-129 Petition for Nonimmigrant Filing Fee/xxxx xxxx xxxx(Principal)/6071.8.4.1.C

6071.8.4.1.C-CH204182

Department of Homeland Security

1,225.00

I-907 Premium Processing for I-129 (PP)/xxxx xxxx xxxx(Principal)/6071.8.4.1.C

Berry Appleman & Leiden LLP

2,860.00

Attorney Fees for H1-B Processing

Total

6,410.00

Do I have to pay the whole H1b processing cost or just the premium processing fees as mentioned in my offer letter acceptance mail ?

If I have to pay the whole H1b amount, do they have to provide me with a receipt of the amount they paid to the attorneys for filling my H1b ?

Good Morning Prash,

Your agreement, as set out in the acceptance letter, was to pay ONLY the premium processing fees. That was what you contracted for and that is all you are obligated to pay.

Doug