Consultancy asking for repayment of VISA fees

USA H1B Visa
1

Hi,

I am working in India with an Indian company.In March 2012 a consultancy in USA offered me job and were willing to transfer my previously held H1-B VISA. They were finally able to file my VISA in August end, but till then I joined other company who also filed my VISA transfer.

I went to other company because consultancy said that they will file once they get the client and there was no communication on this for almost one and half months.

Hence I joined the other company. When the consultancy informed me that they have filed, I asked them to not process this further and take it back but they still continued and waited till it got approved.

Now this consultancy has been troubling me saying that I will have to join them else pay their expenses for VISA. They also siad to file a case in India and US against me.

They had asked me to sign a agreement before filing the VISA which I signed and for repayment it says as below.

" If employee leaves the employment with XYZ within the first of employment, Employee shall reimburse all the expenses paid by XYZ to relocate the employee to US."

This does not have time duration and speaks about the employee. I was never an employee of this company and have not relocated to US.

Can they file a case on me or any other legal trouble for me?

Please suggest.

Thanks,

Tej

Are they

2

They cannot file any case. It is illegal in US. Consult a law firm.

3

You need not worry at all. Most consultancies do that, to try to bring you in as it will be a loss for them. Ultimately it is your decision to work for them or not. In most states, these contracts are invalid too. Even though if they have filed H1 on your behalf, they cannot demand money for that from you.

Most probably they wont go to the courts as they will have to spend even more money for that, which will ultimately be more than your H1 fee that they would have spent.

4

The problem is that now by some means they have got my official email id and are threatening me for black listing me. They have pointed out a section in the agreement signed by me which mentions a penalty clause.

Can someone point me to a law firm who can guide me. I am travelling to states this week end, just wanted to make sure that they might not cause any trouble for me.

Thanks for help.

Tej

5

Blacklist you how? In which list? Asking for H-1 fees is illegal. They cannot black list you. If they tell USCIS that they want the H-1 fees from you, then USCIS will blacklist them instead.

Can you talk to your current employer’s attorney about it?