Skip to main content

Can employer send me legal notice to recover for H1B and Green Card Fee

Simi Valley, CA |

I was offered an employment with lucrative pay by company A. The company A said that they will file my H1B Transfer and Green Card Processing immediately. After they filed my LCA for H1B then i got to know that the company is notorious and traps people in a bad way. I declined to join them. They are saying that they already spent $10,000 towards my H1B and Green Card processing. If i won't pay back this money to them then they will take legal action against me. I never signed any agreement with them. Can they take legal action to recover the money?

Attorney Answers 3

Posted

Don't worry. They are just bluffing. They don't have a leg to stand on with this one (and they think you are a Nimrod (totally ignorant, gullible and impressionable): by law the employer is the one who has to pay the attorney fees AND USCIS H-1B filing fees, as well as the attorney fees for the " LC" as you call it .. It is totally ludicrous that employer to even mention something like that! Well, now that you are adequately informed you can go back to them and tell them to get lost..

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Mark as helpful

1 found this helpful

3 lawyers agree

4 comments

Asker

Posted

Thank You Mr. Giacomo. I appreciate your help and response.

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I respectfully disagree with my most learned and respected colleague.

Giacomo Jacques Behar

Giacomo Jacques Behar

Posted

Let them try to have it enforced in court and you'll see.. There isn't even a signed contract! So what are we even talking about?? Let them come.. Call their bluff! They'll fp,f as soon as you'll show you are not afraid of their threats..

Alexander Joseph Segal

Alexander Joseph Segal

Posted

I will agree with you because I almost always do, but I disagree that the employer is obligated to pay all the fee or cannot sue the employee to refund some if the employee has violated the contract.

Posted

Yes, in many circumstances. It is not prohibited by the US Immigration Law. Only PERM and I-129 associated Fraud fee MUST be paid by the employer, The rest is negotiable and depends on the contract. That is, of course, if your salary was substantially hire than the prevailing wage, hence otherwise the employer would run into a serious problem of having paid you the wage lower than that certified for on the LCA

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Mark as helpful

4 lawyers agree

1 comment

Asker

Posted

Hi Mr.Alexander. Thanks a lot for you response. But i never worked for them. I had not signed any contract with them. Based on verbal terms they paid attorney to file my H1b and Green Cards. Nothing has been filed yet. They are asking to pay the amount that attorney charged.

Posted

It seems the only work done so far has been filing a LCA. My office charges $50 for that. Returning recruitment costs is generally written into an employment contract. If you did not sign one, dont see how you will be bound by its terms.

The advice suggested here is for general information only and not to be construed as legal advice.

Mark as helpful

Employment topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics