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  #1 (permalink)  
Old 12-04-2008, 01:31 PM
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Default Legal notice and its repercussion..

My freind is kind of tensed as he knows less about immigration matters. Here is his situation, can anyone share your expereince or opinion.
1. My friend had got offer from coompany A 2 months back. WHile accepting the job , he agreed for the amoung $$$ if he does not join.

2. Later the company got bought over by company B. COmpany B filed for his amendment and got it approved. He again signed a agreement. But in this nothing on money was mentioned. It was basicaly abididng to rules...etc.

3. He now decided not to join the company as new company was showing less comiitment towards his job and he din't wanted to risk his present job.

The company B told him , he needs to pay H1b cost. Now will this cost be only $$$ mentioend in 1 or does this include amenedment fee too..??? Can the employer B ask for more money apartment from intial H1b fee..???

4. If the company B sends him a legal notice , will it affect my freinds history in anyway..??? Has anyone being in this sitaution..?? any suggestions...???
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  #2 (permalink)  
Old 12-04-2008, 02:02 PM
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Default

My 500th post!

Every time I read a post like this, a post which is about a friend who is in trouble, I always wonder why the actual person was not able to come here or other immigration forums to get his/her questions answered?

This happens a lot when seeking advice from friends and family. People that are asking for help pretend like they are asking on behalf of a "friend" because they are embarrassed of letting others know they are in trouble.

In a forum like this where there is complete anonymity I wonder why some people still do this.

By the way, your's may be a genuine case. But I have seen numerous posts like this on the forum to believe that they are all asking for help on behalf of a "friend".

Quote:
Originally Posted by tabletpc View Post
My freind is kind of tensed as he knows less about immigration matters. Here is his situation, can anyone share your expereince or opinion.
1. My friend had got offer from coompany A 2 months back. WHile accepting the job , he agreed for the amoung $$$ if he does not join.

2. Later the company got bought over by company B. COmpany B filed for his amendment and got it approved. He again signed a agreement. But in this nothing on money was mentioned. It was basicaly abididng to rules...etc.

3. He now decided not to join the company as new company was showing less comiitment towards his job and he din't wanted to risk his present job.

The company B told him , he needs to pay H1b cost. Now will this cost be only $$$ mentioend in 1 or does this include amenedment fee too..??? Can the employer B ask for more money apartment from intial H1b fee..???

4. If the company B sends him a legal notice , will it affect my freinds history in anyway..??? Has anyone being in this sitaution..?? any suggestions...???

Last edited by sledge_hammer; 12-04-2008 at 02:05 PM.
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  #3 (permalink)  
Old 12-04-2008, 02:34 PM
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Default

You are so on the money dude. 90% of people here come saying that their friend has a problem.
People totally need to grow a spine and stand up and say.. yes .. i am facing a problem... I need help. Infact, many of the gurus here don't reply to "my friend is in trouble" threads.

Again, the case in question here may totally be genuine.

Quote:
Originally Posted by sledge_hammer View Post
My 500th post!

Every time I read a post like this, a post which is about a friend who is in trouble, I always wonder why the actual person was not able to come here or other immigration forums to get his/her questions answered?

This happens a lot when seeking advice from friends and family. People that are asking for help pretend like they are asking on behalf of a "friend" because they are embarrassed of letting others know they are in trouble.

In a forum like this where there is complete anonymity I wonder why some people still do this.

By the way, your's may be a genuine case. But I have seen numerous posts like this on the forum to believe that they are all asking for help on behalf of a "friend".
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  #4 (permalink)  
Old 12-04-2008, 02:42 PM
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Default

I I have nothing to convince, infact it is for my freind.

Whatso ever, can anyone give some advice, before he thinks of spending money on attorney's for suggestions.
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  #5 (permalink)  
Old 12-04-2008, 02:42 PM
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Default I agree.

Quote:
Originally Posted by hopefulgc View Post
You are so on the money dude. 90% of people here come saying that their friend has a problem.
People totally need to grow a spine and stand up and say.. yes .. i am facing a problem... I need help. Infact, many of the gurus here don't reply to "my friend is in trouble" threads.

Again, the case in question here may totally be genuine.
I am glad, You atleast left room for 10% of people who are genuine . I have seen a friend in trouble who was in such mental stress and fear that he was just inactive in all respects. There may be situations like these, where people are just not in a position to come to IV and post their questions and describe their situation.

In such situations, only a friend can help collect information relevant to situations and provide guidance to move on and get over it.
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  #6 (permalink)  
Old 12-04-2008, 03:27 PM
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Default Company B cant ask for filing fee, legal notice should not impact

I have NOT been in this situation before; but here is my take on your friends situation:

The company B told him , he needs to pay H1b cost. Now will this cost be only $$$ mentioend in 1 or does this include amenedment fee too..??? Can the employer B ask for more money apartment from intial H1b fee..???

When he signed a contract with B did the contract indicate that he would be paying for the H1B? I do not believe they can ask for the H1B filing fee money from your friend.

4. If the company B sends him a legal notice , will it affect my freinds history in anyway..??? Has anyone being in this sitaution..?? any suggestions...???

If the company sends a legal notice that is a private matter between between the company-attorney and your friend. I am not sure what you mean by "history in any way"; but if you are referring to his immigration history, then the answer is no.
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  #7 (permalink)  
Old 12-04-2008, 03:35 PM
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Default

Quote:
Originally Posted by tabletpc View Post
I I have nothing to convince, infact it is for my freind.

Whatso ever, can anyone give some advice, before he thinks of spending money on attorney's for suggestions.
I believe you. I think you are in 10%.

This is a little complex issue and depend a lot on terms in real agreements and ammendments. I think only a lawyer can advise your friend after reviewing documents.
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Last edited by ItIsNotFunny; 12-04-2008 at 03:38 PM.
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  #8 (permalink)  
Old 12-04-2008, 04:31 PM
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Default

Quote:
Originally Posted by sledge_hammer View Post
My 500th post!

Every time I read a post like this, a post which is about a friend who is in trouble, I always wonder why the actual person was not able to come here or other immigration forums to get his/her questions answered?

This happens a lot when seeking advice from friends and family. People that are asking for help pretend like they are asking on behalf of a "friend" because they are embarrassed of letting others know they are in trouble.

In a forum like this where there is complete anonymity I wonder why some people still do this.

By the way, your's may be a genuine case. But I have seen numerous posts like this on the forum to believe that they are all asking for help on behalf of a "friend".
To play safe.It's not that bad because every one is careful about their identity.If we google some immigration question , we'll see the IV results.There is a chance that employers may be watching IV threads.
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  #9 (permalink)  
Old 12-04-2008, 05:17 PM
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Default

With a forum handle like "tabletpc" what kind of personal information is he/she giving away? Why is security/safety a concern when you are not giving your own name?

Quote:
Originally Posted by javadeveloper View Post
To play safe.It's not that bad because every one is careful about their identity.If we google some immigration question , we'll see the IV results.There is a chance that employers may be watching IV threads.
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  #10 (permalink)  
Old 12-04-2008, 06:10 PM
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Default Possible Negative item in the credit history

It seems these companies A & B are desi consulting co. and H1 sponsoring is their business and now they lost money in this deal. When your friend signed the contract it must have been in the good faith, but circumstances changed and (s)he decided not to join. consider this also as a situation like, breaking lease agreement, or cell phone contract where we settle by paying, else they report to the credit bureau.

Here too, it's possible they can contract a collection agency to recover the cost, since they have all the details with them (Even SSN is not required to report to bureau, but an address is enough if it appears in the credit report as old or new)

Quote:
Originally Posted by tabletpc View Post
My freind is kind of tensed as he knows less about immigration matters. Here is his situation, can anyone share your expereince or opinion.
1. My friend had got offer from coompany A 2 months back. WHile accepting the job , he agreed for the amoung $$$ if he does not join.

2. Later the company got bought over by company B. COmpany B filed for his amendment and got it approved. He again signed a agreement. But in this nothing on money was mentioned. It was basicaly abididng to rules...etc.

3. He now decided not to join the company as new company was showing less comiitment towards his job and he din't wanted to risk his present job.

The company B told him , he needs to pay H1b cost. Now will this cost be only $$$ mentioend in 1 or does this include amenedment fee too..??? Can the employer B ask for more money apartment from intial H1b fee..???

4. If the company B sends him a legal notice , will it affect my freinds history in anyway..??? Has anyone being in this sitaution..?? any suggestions...???
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  #11 (permalink)  
Old 12-04-2008, 06:18 PM
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Default

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
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Last edited by lazycis; 12-04-2008 at 06:20 PM.
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  #12 (permalink)  
Old 12-04-2008, 06:33 PM
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Default I'm not sure how it's in his contract but ....

...these cos. are in the business and they will not be foolish enough to mention about H1 fee in the contract, rather there are lot of legal terms, like damages, business loss etc.

And the collection agencies also knows how to extract the money and once a collection item comes in the report, it's going to stay there for the next 7 years (even if it's paid).

And it's easy for the cos. to deal legal issues, but it creates lot of trouble for an individual (not to mention time & money). I'll not be surprised if anyone says H1B guest workers' rights are completely protected here (Whenever they screw up!) and reporting to USCIS will backlist the company and ask them to pay millions in fine!!!


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
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  #13 (permalink)  
Old 12-04-2008, 06:53 PM
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Default

Believe it or not, US court system works much better than USCIS. The employer in this case does not stand a chance to win it and they are not stupid to pay a lawyer just to lose it. If any notice is received, simply quote applicable law and DOL regulations and forward a copy of all correspondence to DOL. That will be the end of it.
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  #14 (permalink)  
Old 12-04-2008, 06:58 PM
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Default

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
Unfortunately this is not completely true. Recruitement fees reimbursement is valid. More, there is a crazy clause named "liquidated damages" allowed by US court to be imposed on employee under contract.
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  #15 (permalink)  
Old 12-04-2008, 07:08 PM
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Quote:
Originally Posted by GCKaMaara View Post
Unfortunately this is not completely true. Recruitement fees reimbursement is valid. More, there is a crazy clause named "liquidated damages" allowed by US court to be imposed on employee under contract.
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.
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