Q: Visa reimbursement cost after declining to join
I accepted an offer from a company A and it filed for my H1-B transfer under premium processing. Now as the joining date is approaching, I got an offer from another company and I am reconsidering joining company A. Can company A ask me to reimburse the visa fee if I decide not to join them? I checked the offer letter and it has the following language " You will pay all costs associated with the collection of
any amounts owed by you under this Agreement, including reasonable attorneys’ fees. You will not assert
any defenses, rights of set‐off, or counterclaims as a reason for not fully repaying any amounts due under
this Agreement. ". Here is another statement regarding the H1-B transfer "Company A intends to sponsor your H‐1B Visa Transfer. Provided that you are in Good Standing and
remain in Good Standing, Company A will pay up to $8,600 for costs and fees associated with your H‐1B Visa
Transfer".
A:
Based on the language in your offer letter, it seems that Company A might have grounds to request reimbursement for the H1-B visa transfer costs if you decide not to join them. The statement regarding repayment of amounts owed under the agreement, coupled with the clause about Company A paying for the H1-B Visa Transfer costs, suggests that they could interpret these costs as recoverable from you if you don't fulfill the terms of the agreement (i.e., joining the company).
However, the enforceability of such a clause can vary. The specific circumstances, such as the definitions of "Good Standing" and the conditions under which the costs are to be borne by the company, could influence the outcome.
It is advisable to consult with a legal professional who can review the entire agreement and provide advice based on the specific language and context. They can help you understand your rights and obligations under this agreement and guide you on the best course of action. Remember, the interpretation of contract terms can be complex, and a thorough review by a legal expert is often necessary to determine your liability in such situations.
A: It looks like more of a contractual matter than an immigration issue. When you accepted their job offer, there was an understanding that you'd join them, and they began making financial commitments on your behalf. Now, by stepping back, they might have the right to recover the expenses they've incurred, considering you're not holding up your end of the deal. It's a bit of a tricky situation, and it might be worthwhile to discuss this with legal counsel to understand your options and potential implications.
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