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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #16 (permalink)  
Old 12-04-2008, 07:13 PM
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Quote:
Originally Posted by lazycis View Post
Only if actual expenses were incurred by the employer (i.e. to translate foreign documents, etc.). Besides, the fee is never mentioned in the contract.
Not true... check with lawyer or google on "Liquidated Damages".
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  #17 (permalink)  
Old 12-04-2008, 08:05 PM
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Quote:
Originally Posted by GCKaMaara View Post
Not true... check with lawyer or google on "Liquidated Damages".
I am a lawyer

A liquidated damages provision is used to discourage a party from breaching a contract and to avoid later controversy over the amount of actual damages resulting from a breach.
Such a provision is valid if the liquidated damages amount represents an estimate of actual damages likely to result from the breach; if instead it represents a fixed amount designed solely to punish a party for a breach, it amounts to an unenforceable penalty.
The amount and the provision should be present in a contract, but again, all this is not applicable in this instant case if employer is seeking reimbursment for H1-related expenses.
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  #18 (permalink)  
Old 12-04-2008, 08:15 PM
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If the offer was made. Did you formally accept it? Acceptance of offer and later reneging on it is a breach of contract. This reflects more on your ethical conduct rather than anything else. World is a small place and integrity of the candidate is very important in interview process. Company B is just pressuring you in joining them. Do not give in to pressure, just handle it with care and diplomacy.

Anyways, I am thinking that this company B has taken it on their "personal ego". They dont like the fact you telling them that their job is worthless. Let me tell you that nobody cares about H1B fees. They are peanuts, $5k. The lawyer fees to sue you or your friend whoever it is would be more than the H1B fees if they were to go behind you and in some states like CA, the matter has to be addressed in small claims court. Too much hassle for the company to fight every H1 candidate.
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  #19 (permalink)  
Old 12-04-2008, 08:59 PM
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From my experience, if you just receive a court letter or summons, your credit history is not affected. Only if you get into a litigation, it appears in your credit history that there is a pending civil court case/decision for you. And obviously if they directly go for a collection agency, it'll also appear in your credit history.

But given the facts, I think this is just scaring tactics, very popular with the Desi employers(assuming that the company under discussion is a Desi one, no American company will ask for H1B filing fee which is illegal). Stay put and talk strongly to them and this should go away.
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  #20 (permalink)  
Old 12-05-2008, 01:39 PM
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look for local Immigration offie and also labor office and report to them that this Company is asking for H1B fees....or just tell that u will report them to Immi authorities and labor deptt. - and he will shut up.... Seen many such employers who will take u for a ride on H1 fees...

But make sure you are ethically (for valid reasons) not joining this new company..as I have seen many prospective employees too who get multiple H1s files..just for kicks..and that is non-ethical too..
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  #21 (permalink)  
Old 12-05-2008, 02:04 PM
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Quote:
Originally Posted by lazycis View Post
It's illegal for an employer to request a person to reimburse H1-B related expenses, including filing and legal fees. No need to worry. I posted relevant rules and regulations once, you may be able to find them on IV forums. Wait... here is the link
http://immigrationvoice.org/forum/sh...86&postcount=4
Lazycis,
Would you like to post useful information to help the community on IV blogs?
I think our community needs resources to look at when they need answers to common issues.

OP,
BTW you can also ask questions to the attorneys that are helping IV. The IV lawyer chat just happened yesterday and will happen every thursday. Another attorney will be coming soon to answer our members on the forum. She was away for a break and will resume answering questions on the attorney thread.

I am sure such services will help our members value IV more
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  #22 (permalink)  
Old 12-05-2008, 02:40 PM
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Thanks everyone. it did help my friend relieve some tention. However, I tried to get more details..

In the agreement from company A, it was mentioend as "All USCICS fee and legal fee will be reimbursed if decide not to join". Nothing about specific amount was mentioned.

1. Can the company B(which took over A) ask money...??Since amount is not mentioned, they can ask for any amount right..??Also is this a valid reason to take to DOL since they are asking for USCICS fee..???

Thanks in advance...
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  #23 (permalink)  
Old 12-05-2008, 05:07 PM
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Default attempting to recover H1B USCIS fee is illegal

attempting to recover H1B USCIS fee is illegal.
Even though it is a USCIS fee the DoL is the correct place to report the illegal activity (possibly due to naivety - giving benefit of doubt) of an employer.

I think that it would be foolish for employer to try to enforce.

Also the second contract, read it carefully, look for a clause that might state that it replaces prior agreements. If so then employer may have willfully voided the initial contract (they inherited from company A).

So I think that it comes down to a matter of honor on whether to offer to pay some of other costs like translation fees. The company appeared to change it's attitude, and thus your friend may not feel honor bound to offer something.

If reporting to DoL and it is clearly not the first time that company has hired H1B then express concern that there may be a pattern of this illegal behavior (attempting to recover USCIS H1B fees).

If they use significant numbers of H1B they would be nuts to risk action by DoL.

Another way to tackle...
Ask them for invoice that lists costs, and to include third party receipts, but insist that USCIS fees are not on the invoice (they thereby admit the exclusion). Thus they do not issue invoice. They probably do not wish to do this, and you have on record the failure to invoice. If they include on invoice USCIS fees, send copy to DoL, worst case is they do as asked, in which case maybe friend should cover their honest third party costs. (Passive aggressive).
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