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  #1 (permalink)  
Old 12-17-2012, 06:37 AM
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Default H1B Transfer Fees

I came into the US on an H1-B though employer A. I switched jobs to an end user manufacturing company who transferred my H1-B.

However when I asked my I 797 they asked me to sign a document which said that in case I quit before 2 years I would have to pay the visa transfer fees and the lawyer fees they incurred for the H1-B transfer. I have signed the document.

Just to add the H1-B Transfer Fees payment clause wasn't a part of the offer document, but another document which had the repayment details.

Now its been 6 months and I don't really like the work and I would like to change jobs. I really don't want to pay up because logically I think I shouldn't have to.

Whats the case here - is there a legal precedent that I will have to pay since I signed the document or is there a way I can get around it?

If someone can help whats the H1 Transfer Fees (Premium Processing) and approximate Lawyer fees; Cohen Law handled the H1 Transfer.

I have read the USCIS page here http://www.dol.gov/whd/regs/statutes...m#.UMs4quTAdRc and it says that employee is not liable to pay. However is there a state law which overrides USCIS. I am in PA.

Regards,
Dan
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  #2 (permalink)  
Old 12-17-2012, 11:03 AM
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I guess if you signed a document, offer doc or other, you are legally required to fulfill the commitment. Pay the fees or complete two years. Unfortunately, thats the only option as you signed it.

And whatever you read is right. You need to pay the Transfer fees. Thats not required. But you signed a document that explicitly says something. You may want to check with a lawyer if there is a way around claiming this is not legal for them to ask you to pay.

You can talk to them and settle an amount if they allow you to have a discussion with them on this.

I understand your situation though. Hope all will be fine.
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  #3 (permalink)  
Old 12-17-2012, 11:04 AM
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Typo: I meant to say "usually you need not to pay the H1 fees".
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  #4 (permalink)  
Old 12-17-2012, 02:19 PM
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Quote:
Originally Posted by spicy_guy View Post
Typo: I meant to say "usually you need not to pay the H1 fees".
What do you mean by usually?

That is not a legal word.

What does the law says? The answer should be yes or no. And if it is no, then should paying the fees be illegal?

Has the OP spoken with the department if labor himself yet? Why not?
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  #5 (permalink)  
Old 12-18-2012, 06:22 AM
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Quote:
Originally Posted by pappu View Post
What do you mean by usually?

That is not a legal word.

What does the law says? The answer should be yes or no. And if it is no, then should paying the fees be illegal?

Has the OP spoken with the department if labor himself yet? Why not?
How do I contact the DOL - is there an email or a phone number?
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  #6 (permalink)  
Old 12-18-2012, 10:52 AM
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Quote:
Originally Posted by pappu View Post
What do you mean by usually?

That is not a legal word.

What does the law says? The answer should be yes or no. And if it is no, then should paying the fees be illegal?

Has the OP spoken with the department if labor himself yet? Why not?
I meant to say, H1 fees are borne by the petitioner / Employer, not by the employee. Its per law. But the OP signed a document that has some verbiage which bounds him to pay the amount, if he were to leave the company.
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Old 12-18-2012, 11:05 AM
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Quote:
Originally Posted by spicy_guy View Post
I meant to say, H1 fees are borne by the petitioner / Employer, not by the employee. Its per law. But the OP signed a document that has some verbiage which bounds him to pay the amount, if he were to leave the company.
Read 'at will' employment law for your state.
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  #8 (permalink)  
Old 12-20-2012, 11:56 AM
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So following the mixed responses here, I asked this question on justanswer.com to an actual lawyer. The lawyer mentioned that even though I signed the document I am not bound by law to pay the lawyer and visa transfer fees becauses USCIS doesn't allow that.

And even if there were state laws that said that, USCIS would be federal law and would super cede a state law for H1B fees.
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  #9 (permalink)  
Old 12-20-2012, 12:38 PM
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Good that you did not go to famous lawyers and spend 200 dollars on the same answer. But you still wasted 20 dollars for something that you can easily search on forums. The problem with folks like you is you will never believe what people will tell you on forums. Only if a lawyer tells you will be listen. Do you know such lawyers answer holds no water for you in court because it is not an attorny client relationship. The answer is not in written signed document that you can take to court. But It is also common story of many people who sign some document for their visa and then are scared like anything. Come on grow up and don't live a life of an exploited person.
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  #10 (permalink)  
Old 12-20-2012, 12:46 PM
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I agree with you to a great extent my friend. But in-spite of having many experienced guys in forums like these not everything covers all scenarios. Even if you read the thread above there are conflicting responses.

However now if someone else searched for this thread he at least know that someone consultant an "online attorney" and has some legal bases to be sure. I know that I spend 30 bucks for no good reason but it makes me sleep at night :-)

I hope to be more active on this forum going forward. Thank you everyone.
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