Please help - Do I need to pay to my employer Y, if I resign ?

Bellevue, WA Viewed 12 times. Posted 29 days ago in Employment / Labor

1) Apr-1 - My new employer X filed respective petitions with USCIS seeking approval of my employment with X.
2) Apr-4 - X passed me the case number for the petition and I started working for X on this same day.
3) May-2 - X received a reject-status from Status, citing
a) date of rejection as Apr 25
b) valid reasons for rejection
c) my stay in USA from Apr-25 is unlawful and
d) that I have until May25 to leave USA

Additional information
4) May-10 - Company Y offered employment with terms stating
a) I would need to pay for all expenses involved towards Visa processing and training involved or any travel sponsored by Y in case I resign from Y before Visa-sponsored-by Y expires.
b) I would need to take care of all travel and relocation expenses involved for starting my employment with Y
5) May-11 - I signed the offer acceptance at North Carolina, Y's immigration attorneys suggested me to get my passport stamped with new Visa stamp out at my home country
6) May-20 - I flied to my home country
7) May-22 - Company Z proposed a better offer to me.

Note – The offer doc(ref-5) referred Texas State Law.

Queries:
1) Do I need to pay for expenses - ref 4.b, if I accepted the offer with Z in all cases:
a) when I am in India (and did not enter USA yet)
1) before and
2) after
getting my passport stamped with visa-sponsored-by Y
b) if I re-enter USA with visa-sponsored-by Y
c) if I re-enter USA with visa-sponsored-by Z

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Answers (1)

Shawn B Alexander

This attorney is licensed in Washington. Posted 25 days ago.

It is not clear where your contract stands on the circumstances, however your employer would be foolhardy to try and collect from someone who is not working.

Good Luck

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