Is It Legal for My Employer to Demand H1B Fees After Resignation Without Sharing Petition Details?

Hi Team, my employer filed my H1B case this year (April 2017) in India, and the application was selected in the lottery. However, my employer has not shared any details with me regarding USCIS communication.

The current situation is that my H1B was selected in the 2017 lottery but has not been stamped yet as I am currently in India.

Legal concerns regarding H1B processing fees

1. I have recently resigned from the company, and now they are asking me to pay for the H1B processing fees recovery. Is it legal for them to ask for this money?

2. I am facing financial and personal difficulties as I need to support my family.

3. After resigning, HR is demanding Rs. 4 lakh for H1B recovery costs, even though my visa stamping is pending. They refuse to share any details of the H1B petition with me.

4. I have not received any communication from the USCIS, so I am unable to pay them. I have requested a breakdown of the H1B processing fees on company letterhead for reference if I decide to pay using a personal loan, but my request was denied.

Note: While I have not signed any bond, there is a clause in the F&F regarding H1B recovery if an employee leaves.

Seeking advice on next steps

I would like to know what steps I can take if the company continues to pressure me and refuses to provide a relieving and experience letter. Is it legal for them to demand money in my situation? Can you provide me with some advice on how to proceed?

Generally, a visa application cannot be processed without the traveler's signature. If you have signed the application papers for the visa, it indicates that you are aware that the company was applying for the visa on your behalf.

Any visa cannot be processed without paying the requisite fee for the particular country. If this is the case, then you are required to cover all the expenses incurred by the company for your visa process.

Hi Manish, please tell me the following first:

1) Have you signed any document before the processing of the visa application stating that you will stay for a specific period with the company?

2) Is this part of your appointment letter indicating that the company would process your overseas costs, and in case of your withdrawal, it would be recoverable?

3) What were the notice period conditions in your appointment letter in case of resignation?

4) Have you signed and accepted any other documents apart from the above? If yes, 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 a visa without communication is illegal. If your company wanted to transfer you abroad, then your company should have entered into an agreement with you. In the agreement, terms and conditions for your stay abroad should have been mentioned clearly. However, you mentioned, "[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 the Indian Contract Act, 1872. Please note that your case falls under this act and not under labor laws. First, send your application to the MD of the company to clarify your position. Request him to withdraw this letter. If the MD does not reconcile, then approach a lawyer and send a lawyer's notice. If your company ignores the lawyer's notice, then file a suit for wrongful claim and mental harassment.

Thanks,
Dinesh Divekar