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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
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I have given notice to my employer of resignation.

Customer Question

I have given notice to my employer of resignation. Contractually I still have to work for them for 30days. During the course of my employment I applied for and received various Visas (I am a UK national) including an H1B. The H1B requires by law that the
employer pays the fees. I paid these on my own. Do I have a car for breach or can I use this as leverage to ask them to release me from my obligations? Thanks
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today.My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

Yes, it is against the law for a sponsoring employer to require an employee to pay visa fees. Breaking the law is considered a breach of contract in virtually every known decision. You don't necessarily have a "case" per se because it is up to USCIS to prosecute these matters, but you could declare the contract breached and that you are released from your obligations as such.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it's the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 year ago.
would I then report them to the Department of Labor?
Expert:  John replied 1 year ago.

You do not necessarily have to do that to declare the the contract void because of a breach of law. But if they ever try to sue you for the 30 days notice or damages for not staying on the 30 days, then you could do that or tell them you'll file with the DOL if thy persist with the action.

Expert:  John replied 1 year ago.

That would be a good tactic to use in my opinion.

Customer: replied 1 year ago.
Ye thanks.Upon further review it looks like I got the visa during the prior contract with the same employer. So I had a contract from 2010 - 2013 during which the "break" occurred. So in the new contract 2013 - current day I did not receive a visa.So really the point would have to be that I will report them to the DOL about their illegal activity (I know they have done the same for other employees and have documental evidence) unless thy release me from this 30 day period?Would that be the approach rather than breach of contract?
Expert:  John replied 1 year ago.

Yes, but be careful how you word it. There's a fine line between what is called extortion (demanding or threatening something unless someone do something...even if you are in your legal right to report them to DOL) and exercising a legal right. In other words if you say - release me from my contract or I will report you, that may be extortion. On the other hand, if you say, you know employer this was against the law and I am declaring my contract terminated and void because you broke the law, which incidentally the DOL could prosecute and fine you for this violation if someone were to report you....this clearly isn't a threat but a declaration of the law.

Expert:  John replied 1 year ago.

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Expert:  John replied 1 year ago.

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