You shouldn't give any money to them. State the law and tell them that they are not entitled to any money.
Ex employer demanding H1B bond amount when stamping has not taken place
Company A started H1B process for me on Nov 2019 and the petition got approved on Nov 2020. After that they didn't do any further step for my H1B owing to embassies being shut. There was an agreement on stamp paper signed asking me to reimburse if I leave company without working for 2 years in US. Since no steps was taken by company A to further process H1B I resigned and stepped out in Feb Now the company si demanding H1B filing cost to be reimbursed by me. As per department of labour any cost associated to premium processing or embassy charges are liable tobe paid by employee but filing and other lawyer cost must be bore by employer. I was considering this but now they are asking repayment of the filing cost. Pls advice.
Asked 3 years ago in Labour
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8 Answers
- During the relevant period there was Presidential order suspending all visa processing and consequent waiver of visa processing fee.
- The employer did not proceed further due to suspension of all procedures by Embassies.
- Employer has no right to claim any reimbursement from you due to their failure and the prevailing Act of God.
You are not liable to pay filing cost as company did not proceed for H1B for 18 months
Dear Client,
The H-1B visa is a work permit that allows foreign workers to go to the United States and work for American companies.The beneficiary of the approved H-1B petition can proceed for visa stamping within 90 days of the employment start date and can arrive in the U.S. 10 days before the employment start date.The employment start date for all H-1B cap-subject cases is generally October 1 of the year in which it is filed, i.e. the first day of the fiscal year that runs from October 1 of each year to September 30 of the following year.
Your H-1B visa will be valid for a maximum of six years. If it expires and your new one has been approved, you can get it re-stamped. Just follow the same procedures as when you first applied for the stamping, except that the U.S. consulate may ask for some additional documents.Yes you can if your H1-B transfer was approved in continuity of stay with I-94 number, then there is no need of stamping immediately.Waiting until you have entered the U.S. is safer than getting an H-1B transfer before stamping since your employer's petition cannot be withdrawn after the visa has been stamped. Then you can simply have the new employer file a second lottery-free petition on your behalf.
Thanks & Regards
If they have sent you any legal notice demanding the said amount to be repaid, you can deny the payment for the reasons you rely upon.
As the visa was not fully processed, hence you are not liable for the incomplete work done by them.
It is not your fault that the visa could not be processed.
In fact the company should have taken steps at least after in pursuance, but demanding the costs towards this from you when you did not avail the facility is not a justified demand.
If you are in any contract to pay the same then they may recover it otherwise they cant
- Since, no steps was taken by the Company A to process H1B , then legally you are not under the obligation to pay the any charge /amount on the ground of deficiency of services.
- It is well settled law that any service provider cannot be allowed to take any charges if the services was availed by the other party.
In the light of the facts presented here, your ex-employer cannot ask you to bear the H1B filing cost, as there is no agreement to that effect. You may respond to that notice along these lines.
