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Hi, I am working for company A and accepted/signed an offer with company B. In the offer letter, it states "The company agrees to pay for expenses related to your immigration status. However, should you resign your position or be terminated for cause, including lack of performance, within two years of your hire date, you agree to repay the company the entire sum of these expenses." Now I accepted a better offer from company C and am looking forward to working for the company C.
(1) Am I understand correct that I have no choice and MUST repay the company B all the H1B transfer fee plus the attorney fee (total around $5000) have occurred? (I have received the copy of the approved H1B from the company B.)
(2) My start date with company B is set to 6/3. I am currently work with company A and my supervisor agreed to have me stay with company A till the successful H1B transfer from A to C. So I will not work for company B. Since I will never be an employee of company B, can I avoid paying the penalty?
(3) Can company B do something crazy to damage the H1B transfer from my current company A to company C?
Thanks so much!
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1. You would only have to reimburse (repay) Company B, if they actually had incurred those expenses in transferring your H1B visa, and only up to the amount they actually paid.. If they did not pay anything to anyone with respect to the transfer, then you would not have to pay them anything.
2. I wish I could tell you that you can avoid repaying Company B because you never worked for them, but that would not be the law. When you signed the Agreement with Company B, you entered a binding and legally enforceable Agreement. Company B can successfully argue that if you had not signed the Agreement, they would not have incurred the expenses they paid and which relate to the transfer of your H1B to Company B;
3. Company B cannot take any action which would in any way affect your H1B Visa status,, but Company B can sue you for breach of contract and claim damages in the amount of their expenses relating to the transfer of your visa,
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Thank you Andrea. After reviewing the answers, I have some concerns regarding to my question #1 and #3.
(1) What type of evidence I should ask for proving the expense incurred? A receipt form the attorney? or something else? Thanks a bunch.
(2) The job in the company B requires travel and apply business VISA for the other countries (project related). They may or may not purchase the ticket and working on the visa yet. But if they are working on those and incurred some expense. Do I responsible for repay those to company B also?
(3) It is not a contract type of agreement. On the offer letter, it states the employment at will. Both the company and I may terminate the employment at any time and for any reason or for no reason. So I guess as long as I repay them the expense incurred for the H1B transfer, I will be good?
Again, thanks so much for your time and help.
Hi, Jimmy, and Thank you for your follow up questions and the opportunity to explain further,
1. You are entitled to ask for a copy of the "Itemized Bill for Legal Services Rendered" marked "Paid" which was sent to them by the attorney who performed the legal services rendered relating to your H1B visa, or any cancelled check, receipt, or any other evidence of payment which specifically references your visa as the reason for payment;
2. If the employment relationship was "At Will", then there was no Employment Agreement. Then, the only contract which existed was the Agreement that they would sponsor you and pay the legal fees involved in the sponsorship in exchange for your Agreement to work for them. If you paid the expenses they incurred in doing so, then there would be nothing for which they could sue you,
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