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H1B transferred, decided not to join - are there any liabilities? H Visa

Discussion in 'Investment, Work Visa' started by mylegalq, Dec 28, 2011.

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  1. mylegalq

    mylegalq Law Topic Starter New Member

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    Hi!

    There is a candidate on H1-B visa, working for a company, who was looking for new jobs. The candidate was offered a job with Company A and accepted the offer, signed the offer letter. The company expedited the visa transfer and it cost the company about $3200. While the procedure was going on, the candidate got another offer with Company B and decided that it is a better option for him/her. The transfer with Company A was complete by the time this happened and the candidate informed the Company A that he/she will not be joining. Now, Company A is upset obviously and is asking for the money spent in the transfer procedure. They are also trying to put pressure on the candidate....mild threats and all..trying to make him/her feel guilty.

    I personally think that just like the companies can withdraw offers at any point, even after signing the paperwork, candidates can also decline them at any point. I believe it is a common thing and companies need to understand that and act professionally.

    My questions are:
    1. Can the Company A sue the candidate?
    2. Is there any legal obligation on the candidate of any kind? If so, what are they?
    3. Is the candidate legally bound to pay ($3200) for the H1-B transfer to Company A? Or is it, on the contrary, illegal to pay?

    Thank you in advance for all the help and advice.
     
  2. army judge

    army judge Super Moderator

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    Yes, the company can (many companies do) sue you.

    Will they prevail?

    Don't know, can't say.

    I suggest you read EVERYTHING you signed related to the offer letter, and subsequent acceptance letter, you signed.

    I'd be surprised if there isn't language stating you agree to reimburse them the costs associated with hiring you if you fail to join their company.

    I also suggest you investigate what impact your actions might have relative to your immigration status.

    No need to explain or elaborate further here, we are not a debate society or courtroom.
     
  3. mylegalq

    mylegalq Law Topic Starter New Member

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    Further information for those who would like to help:

    There is no statement regarding reimbursing. It also clearly states that employment is "at-will" and any party is free to terminate at any time.

    Army Judge: thank you for your help.
     
  4. Amit

    Amit Banned

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    Hi there, did you get satisfying answer to this question? What happened exactly in your case? Did you join new employer?

    My wife has a similar situation, so I want to know if she doesn't join her new employer is there any liability? or we need to notify USCIS?

    Thanks,
    Amit
     
  5. sarkanth27

    sarkanth27 New Member

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    Hi Amit,

    Iam also in the same boat. can you please share your experience.
     
  6. guestpost

    guestpost New Member

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    Any more information on it....is there any complication not to join after H1B transfer completed?
     

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