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Chief
Indian Firm?
To all folks, I did consult an attorney and found out that it is not enforceable as matter of law for an employer to ask for reimbursement of H1b visa or GC cost in any way fron it’s employee.
Conversation Starter
Are they offering you 25k? I am confused
Legally cannot be done for H1b atleast
Conversation Starter
Or if they ask you to stay for 5 yrs, otherwise pay 25k back to them
No they’re asking me to sign a contract for 25K (12 for h1b and 13 for GC) if I leave the company before 5 years ( pro rated basis by yearly cost %). My question is if its standard practice or what’s the standard practice as this seems really high to me?
Conversation Starter
It is illegal to ask employee to pay for visa or GC costs in any way
Chief
They cannot ask you to pay back certain H1b fees. Get the breakdown for H1b costs and if the payback amount includes H1b fees that must be paid by employer, report them to USCIS. If there is something fishy, USCIS will go after them.
Its not regular practice they can't ask you to pay immigration costs. Some small companies do that to recover their attorney and filing fee. Can you share which firm it is?
Sorry folks cannot share what company it is as it’s a small firm (not Indian).
Seen this comin up in discussions these days. Folks are using some reputed firms as a stepping stone and jumping off as soon as H1 is approved for say 3 yrs.
Technically they cannot charge u for H1 filing fee to USCIS, but they can recoup some of the H1 attorney fees n GC processing fees.
IMHO 25K is steep though.
Chief
If the firm is worth it, go for it! I have signed such contract many years ago.
Signed a similar one with KPMG.
Singed a contract related to GC at the time when PWC filed it, but not at the time I joined. And nothing for H1b.
Yes 25K is steap and that’s why I am asking before signing anything. So is it illegal for a firm to ask for h1b visa or gc filing fees from employees if they leave the company or is/should it only applicable to lawyer’s fees etc? Anybody knows for sure?