Question I left company A and joined company B. Worked for company for 2 months and going back to company A due to some personal reasons. Now company B is asking for reimbursement of immigration expenses and I signed agreement while I joined them as I never thought I will leave so soon. Expenses includes H1 transfer, perm process and attorney fees. That's a big amount of $10000. Is there any way to escape from this reimbursement?
Any advice would be greatly appreciated.
Answer My understanding is that the Company being the petitioner of H1B and PERM cannot seek reimbursement of the expenses; however, if you signed a contract to do so - that would [probably] change the situation. You may dispute the validity of the clause for such reimbursement because [to me] the clause of such reimbursement seem unjustified.
I would recommend that you have a deal with them to lower the amount and have an amicable solution to this. Also, you may have a proper professional consult on the issue and have the contract read by an experienced attorney.
I am sure you would reach to an amicable solution because your ex-employer's attorney would be aware that they cannot have such reimbursement.
Questions regarding Immigration to United States, including Removal/Deportation Proceedings, Asylum; Green Card through Family (Fiance/ee Visa, Spouse, Children, Parents, Siblings); Green Card through Employment (Labor Certification - PERM, Extra Ordinary Ability - EB1, Religious/Entrepreneur - EB4/EB5); Non-Immigrant Visas - H1B, L1, F & M, J1, J1 waiver, Humanitarian relief (Cancellation of Removal, Prosecutorial Discretion, TPS, Dream Act); Hardship Waiver (I-601/212) etc., are welcome.
Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.
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