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Please help! visa agreements executed for WITCH kind of Kompani in India


Dr_Muddu_Krishna

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Long story, total background explain cheste better ani rasthunna but pls read and advice and guide bhayya

Ma sister india lo oka WITCH kind of company lo worked for past 5 years.

Naaku thelisina oka us mestri company , h1b sponsored in 2021 and stamping also done bhayya. After stamping mestri couldn't find a position in US as companies in us are asking for immediate joiners or 3 weeks. maa sister emo naaku job position unte travel chestha, us ki ochi searching odhu, I don't want to sit idle andhi. And she continued working in India WITCH(kind of) company.  Last year she asked for onsite position in their kompani, they said they'll file her h1 in lottery last year, she said she need not go for CAP, she already has H1b stamped visa. They applied for transfer and while applying they made her to sign a bond on white paper that in case if she leaves the company within 2 years after this agreement date then she and guarantor(my BIL) is liable to pay visa application and processing charges of 6900+1600 attorney processing charges. her transfer got approved last year. After that they couldn't send her onsite. 

Meanwhile US mestri told that he has guaranteed position/leads with his vendors. She has resigned from the company and served 3 months notice and moved to US this July. Now the company sent legal notice in India to her in-laws address that she is liable for total 8500 USD(6.6L INR approx). 

Its clearly mentioned in the agreement that she is liable for visa application fee, processing fee, attorney fee etc., the legal notice mentions that they demand the liability for visa application processing fee + attorney fee.

Our lawyer in India is responding to the notices in India court.

Can we file a suit here in US as the petitioning employer is legally demanding to pay the H1b fee and attorney fee. I read in many US/h1b immigration legal information sites that employer can't demand the visa fee or processing fee.

https://immigration.dinsmore.com/resources/perm-tools/employer-payment-of-legal-fees-and-costs-in-h-1b-and-permanent-resident-sponsorship

Didn't approach any attorney here, just looking for senior experts in db if its valid to and or worth challenging in the US as legal notices are sent in India jurisdiction. But there is a proof that sponsoring employer is demanding the processing fee from the beneficiary right, please suggest bhayya, e case lo US lo attorney help tho fight cheyadam valid or waste of efforts??  In case no use ayithe unnecessary ga additional expenses avuthayi ani thinking
 

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What happens outside of US is out of their reach. Simply put you cannot show Indian legal notices here avi chellav, try to show email proofs or some other proofs

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2 minutes ago, Deadp0ol2 said:

What happens outside of US is out of their reach. Simply put you cannot show Indian legal notices here avi chellav, try to show email proofs or some other proofs

The WITCH kompani has US operations kada bhayya, legal notice ekkada ochindi ani kaadu kada, its about US H1b application fee kada.

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I am not exactly sure , in the past it is illegal to have employee pay for visa fee , it is supposed to be employer 

as far as I remember I never paid anything for Visa 

you could file a complaint here and legal actions 

in India you might have to end up coughing up money , 

 

JOke white paper sign 

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1 minute ago, Dr_Muddu_Krishna said:

The WITCH kompani has US operations kada bhayya, legal notice ekkada ochindi ani kaadu kada, its about US H1b application fee kada.

You can try but chellav ikkada...anduke vaadu teliviga akkada case esindu...ikkada adugutunaadu ani edo oka proof soosko

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7 minutes ago, Deadp0ol2 said:

You can try but chellav ikkada...anduke vaadu teliviga akkada case esindu...ikkada adugutunaadu ani edo oka proof soosko

First email pampincharu bhayya, F&F settlement ani, its mentioned in that, deducted last month salary and demanded rest of the 6 lakhs in the F&F email itself 

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15 minutes ago, Dhed said:

I am not exactly sure , in the past it is illegal to have employee pay for visa fee , it is supposed to be employer 

as far as I remember I never paid anything for Visa 

you could file a complaint here and legal actions 

in India you might have to end up coughing up money , 

 

JOke white paper sign 

India lo white paper agreement kuda valid anta bhayya, two lawyers ni consult chesaru. But one lawyer said, he'll fight for lowering the liability amount. 

But India legal notice us lo valid kakapoyina at least violation of visa rules kinda osthadhi kada bhayya  

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4 minutes ago, perugu_vada said:

India lo file chesina case ni US lo work autunda ? 

e sodhi badhulu pay chesi  odhilinchukovatam better 

Not about legal notices bhayya, anyway avi pay cheyadaniki ready. But visa fraud kinda reporting or taking some action possible ?

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@Dr_Muddu_Krishna Your Sister sing

1 hour ago, Dr_Muddu_Krishna said:

Long story, total background explain cheste better ani rasthunna but pls read and advice and guide bhayya

Ma sister india lo oka WITCH kind of company lo worked for past 5 years.

Naaku thelisina oka us mestri company , h1b sponsored in 2021 and stamping also done bhayya. After stamping mestri couldn't find a position in US as companies in us are asking for immediate joiners or 3 weeks. maa sister emo naaku job position unte travel chestha, us ki ochi searching odhu, I don't want to sit idle andhi. And she continued working in India WITCH(kind of) company.  Last year she asked for onsite position in their kompani, they said they'll file her h1 in lottery last year, she said she need not go for CAP, she already has H1b stamped visa. They applied for transfer and while applying they made her to sign a bond on white paper that in case if she leaves the company within 2 years after this agreement date then she and guarantor(my BIL) is liable to pay visa application and processing charges of 6900+1600 attorney processing charges. her transfer got approved last year. After that they couldn't send her onsite. 

Meanwhile US mestri told that he has guaranteed position/leads with his vendors. She has resigned from the company and served 3 months notice and moved to US this July. Now the company sent legal notice in India to her in-laws address that she is liable for total 8500 USD(6.6L INR approx). 

Its clearly mentioned in the agreement that she is liable for visa application fee, processing fee, attorney fee etc., the legal notice mentions that they demand the liability for visa application processing fee + attorney fee.

Our lawyer in India is responding to the notices in India court.

Can we file a suit here in US as the petitioning employer is legally demanding to pay the H1b fee and attorney fee. I read in many US/h1b immigration legal information sites that employer can't demand the visa fee or processing fee.

https://immigration.dinsmore.com/resources/perm-tools/employer-payment-of-legal-fees-and-costs-in-h-1b-and-permanent-resident-sponsorship

Didn't approach any attorney here, just looking for senior experts in db if its valid to and or worth challenging in the US as legal notices are sent in India jurisdiction. But there is a proof that sponsoring employer is demanding the processing fee from the beneficiary right, please suggest bhayya, e case lo US lo attorney help tho fight cheyadam valid or waste of efforts??  In case no use ayithe unnecessary ga additional expenses avuthayi ani thinking
 

This agreement is valid then you need to pay or settle with WITCH type company. 

Your sister didn't pay at the time of processing and didn't pay to start the processing. So its quite common in US also companies to get visa fees back if FT emplpyee leaves the company X Months based on the joining agreement.

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46 minutes ago, Dr_Muddu_Krishna said:

India lo white paper agreement kuda valid anta bhayya, two lawyers ni consult chesaru. But one lawyer said, he'll fight for lowering the liability amount. 

But India legal notice us lo valid kakapoyina at least violation of visa rules kinda osthadhi kada bhayya  

They didn't take money for processing or applying, So its not a violation as per my understanding. 

You can consult an attorney here in US>

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5 minutes ago, former said:

They didn't take money for processing or applying, So its not a violation as per my understanding. 

You can consult an attorney here in US>

Ok thanks bhayya

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