After Resignation - Employer asking H1B processing recovery cost without sharing H1B petition and not doing F&F ? - CiteHR
Dinesh Divekar
Business Mentor, Consultant And Trainer
Consultant-labour Laws
Software Engineer

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Hi Team,
My Employer has filed my H1B case this year(April-2017) in India, Application got picked up in Lottery. Please note that my employer did not share any details with me about USCIS communication.
current situation is - my H1b picked up in Lottery(2017) and not yet stamped - I am in India
1. Now I have resigned from the company, and company is asking me to pay H1B processing fees recovery ? Is it legal to ask money ?
2. In between - I am in financial as well as in personal trouble where I have to support my family financially.
3. Now, I have putted my resignation, HR people are asking me H1B recovery cost now. Please note that My H1B Visa stamping is pending and
not yet done. They are asking me 4 lac Rs. and they are not going to share any H1B petition with me.
4. I don't have any USCIS communication how can i pay them ? I don't have money to pay. Also I asked them if they are gonna share me all the
H1B processing fees details breakup on company letter head for reference if I pay them by taking top up on personal loan. but he rejected
saying we can not give this.
Note: I have not signed any bond but there is a clause mentioned in there F&F about this h1b recovery if employee leaves.
I just want to check what are the ways through which I can deal this kind of situation If company try to harass me and does not provide Relieving and Experience Letter.
Is it legal for the company to ask me money in my case ?
Can you advise me, What can I do ?

Generally visa application can not be processed without the traveler's sign if you signed the application papers for visa that means you know that company was applying for Visa for you.
Any visa can not be processed without paying requisite fee for the particular country if it is the case then you need to pay all the expenses borned by the company for your visa process.

Hi Manish,
Please tell me the following first.
1) Have you signed any document before processing of Visa application that you will stay for a specific period with the company?
2) Is this the part of your appointment letter that company would process your overseas cost and in case of withdrawn of yourself then it would be recoverable.
3) What was the notice period conditions in your appointment letter in case of resignation?
4) Any other document apart from above signed and accepted, if yes the please elaborate?

Dear Manish,
Two previous members have asked certain questions. Even though you have not answered these questions, let me say that recommending your name for visa without communication is illegal. If your company wanted to transfer you abroad then your company should have entered into agreement with you. In the agreement, terms and conditions for your abroad stay should have been mentioned clearly. But then you say that "please note that my employer did not share any details with me about USCIS communication."
At this stage, you may approach a lawyer who handles cases under Indian Contract Act, 1872. Please note that your case comes under this act and not under labour laws. First send your application to the MD of the company about clarifying your position. Tell him to withdraw this letter. If MD does not reconcile then approach a lawyer and send lawyer's notice. If your company ignores the lawyer's notice then file suit for wrongful claim and mental harassment.
Dinesh Divekar

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