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

[no01]

ee gola motham US h1 fees gurinche kada....may be India lo they have upper hand, but if this WITCH company has US operations, then simple ga India lo ila naa meeda case vesaru and sue chesaru ani DHS ki email proofs, India lo case related documents anni email chesi, ee desi companies India lo forcing us to pay H1 ani complaint chesthe saripothundi.

They may win the case in India, but eventually they will be in big trouble in US.

But is your sister ready to face this? or simple ga tell your attorney in India that we are planing to submit all these proofs to DHS in US ani...just oka try veyyamanu, if they come down for mutual agreement then entho kontha fee katti bayata padochu 

[chammakchandra]

3 hours 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
 

It’s not too much $$$, pay and get out even tho is not honest demand by ex emp., it was was huge amount there is reason to fight but I would get out of it to avoid any other legal  issues here in US. 

[Dr_Muddu_Krishna]

26 minutes ago, no01 said:

ee gola motham US h1 fees gurinche kada....may be India lo they have upper hand, but if this WITCH company has US operations, then simple ga India lo ila naa meeda case vesaru and sue chesaru ani DHS ki email proofs, India lo case related documents anni email chesi, ee desi companies India lo forcing us to pay H1 ani complaint chesthe saripothundi.

They may win the case in India, but eventually they will be in big trouble in US.

But is your sister ready to face this? or simple ga tell your attorney in India that we are planing to submit all these proofs to DHS in US ani...just oka try veyyamanu, if they come down for mutual agreement then entho kontha fee katti bayata padochu 

thanks bro. just pay and move on ani cheppakunda konchem reasonable ga matladavu 🙏

Its not just paying and moving on kada, attorney fee ani adhi ani idhi ani vadiki istam ochina amount claim chesthunnadu

 I posted the below link in my first post.

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

Its mentioned in the article as:

The H-1B Filing Fees.  DOL’s regulations explicitly prohibit an employer’s recovery of some of the H-1B petition-related filing fees and implicitly prohibit the recovery of other filing fees.  Therefore, we recommend that employers refrain from seeking recovery (or payment by the employee) of:  (i) the $460 USCIS petition filing fee; (ii) the $1,500 ACWIA[2] training fee; and (iii) the one-time $500 fraud prevention and detection fee – all of which must be submitted with a new H-1B petition.

The Premium Processing Fee.  In 2001, U.S. Citizenship and Immigration Services (USCIS) enacted regulations making premium processing available for H-1B applications.  An employer is not responsible for the $2500 filing fee and any other fees associated with premium processing if the employee is the party requesting and benefiting from the premium processing.  If the employer chooses to request premium processing for its benefit, then the costs must be borne by the employer.

 

And that WITCH company has clearly mentioned in the email that they are claiming the filing fee, fraud prevention and detection fee and attorney fee to file the petition, total expenses to acquire the visa ani mentioned chesadu last lo

 

[Dr_Muddu_Krishna]

2 hours 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>

even recovery is also prohibited ani undhi kada bhayya

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

And employee shouldn't pay ani undhi kada

[former]

Just now, Dr_Muddu_Krishna said:

even recovered is also prohibited ani undhi kada bhayya

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

And employee shouldn't pay ani undhi kada

I have seen one case here, the employer took money back from an employee who left the company within 3 months. 

It all depends on the contract or agreement between the employee & employer.

You should better contact an Attorney with better knowledge.

[pichhipullayya]

3 hours 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
 

Simple, Employee officially is not liable for Visa Fees. If employer asks for it, its Illegal, Tell her that she will complain to DOL and USCIS.

 

They can ask for Attorney fees or Premium processing fees. But i-129 application fees and other fees for LCA & paperwork has to be paid by Employer irrespective of successful employment or not.

[srinima]

Nenu oka american company FTE ga vadu kuda ila agreement rasadu 2 years undali ani.. frist year lopu vellipothey 5000 pay cheyali or else half the amount before 2 nd year ani... but naku h1b approve ivaledhu aa company dhi.. lawyer ni adigithey adhi okay nee anadu offer sign chesappudu

[no01]

17 minutes ago, Dr_Muddu_Krishna said:

thanks bro. just pay and move on ani cheppakunda konchem reasonable ga matladavu 🙏

Its not just paying and moving on kada, attorney fee ani adhi ani idhi ani vadiki istam ochina amount claim chesthunnadu

 I posted the below link in my first post.

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

Its mentioned in the article as:

The H-1B Filing Fees.  DOL’s regulations explicitly prohibit an employer’s recovery of some of the H-1B petition-related filing fees and implicitly prohibit the recovery of other filing fees.  Therefore, we recommend that employers refrain from seeking recovery (or payment by the employee) of:  (i) the $460 USCIS petition filing fee; (ii) the $1,500 ACWIA[2] training fee; and (iii) the one-time $500 fraud prevention and detection fee – all of which must be submitted with a new H-1B petition.

The Premium Processing Fee.  In 2001, U.S. Citizenship and Immigration Services (USCIS) enacted regulations making premium processing available for H-1B applications.  An employer is not responsible for the $2500 filing fee and any other fees associated with premium processing if the employee is the party requesting and benefiting from the premium processing.  If the employer chooses to request premium processing for its benefit, then the costs must be borne by the employer.

 

And that WITCH company has clearly mentioned in the email that they are claiming the filing fee, fraud prevention and detection fee and attorney fee to file the petition, total expenses to acquire the visa ani mentioned chesadu last lo

 

my two cents anthe......I know all these legal hurdles are pain in the butt for us. 

Companies ki they have their own full time legal counsellors...manaku ala kaadu kada...so proceed with all things keeping in mind. Its easy to say in db, but end of the day its your sister and your family to handle all these.

But one thing for sure....all this is purely money related ey. Worst lo worst case, your sister will end up paying that money......adi emi life time savings worth kaadu. Once ur sister settles with a good job in US, its hardly couple months worth of pay anthe. So keep this in mind and dont worry much....future immigration related issues kani, malli India lo job opportunities ki elanti prob undadhu...so dont worry much. 

[krishna0125]

8 hours 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
 

any good lawyer can easily battle this in Indian courts. Just refer him to us law regarding h1b fee. since they made the bond for the amount they spend for h1b, they cant claim that even in India court. Indian court also respect other country laws where ever possible. Mostly she may need to pay $1600 attorney fee but Indian lawyer can get it waived as well showing harassments from WITCH. At the same time, also complain in DOL in US about claims in India for h1b India and inform WITCH too about same. They will def. drop their case once they realize how serious is it.

It is also important what wording they put on paper in the bond. They may mentioned they spend money on training and licenses. Then she cant fight it much. Still she can raise concern in DOL in usa and India court and tell them training is a excuse and she can ask proof and burden is on them.

 

[vithanda_vadhi]

11 hours 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
 

Entha pedda company? Any decent size company have legal department. I don't think they send such notice without prior review.

US lo enduku, just to ask the employer to back-off or expecting compensation? 

Something similar happened to one of my friends with a large IT firm in India. He has access to a good corporate lawyer in Delhi and the advice he got was just pay and move on. It seems lawyer said you read, understood and signed so nothing to contest  and the document he signed is proper legally defendable by the company. But aa company visa fee adagaledu..training, relocation edo sodi..

 

[Dr_Muddu_Krishna]

14 hours ago, krishna0125 said:

any good lawyer can easily battle this in Indian courts. Just refer him to us law regarding h1b fee. since they made the bond for the amount they spend for h1b, they cant claim that even in India court. Indian court also respect other country laws where ever possible. Mostly she may need to pay $1600 attorney fee but Indian lawyer can get it waived as well showing harassments from WITCH. At the same time, also complain in DOL in US about claims in India for h1b India and inform WITCH too about same. They will def. drop their case once they realize how serious is it.

It is also important what wording they put on paper in the bond. They may mentioned they spend money on training and licenses. Then she cant fight it much. Still she can raise concern in DOL in usa and India court and tell them training is a excuse and she can ask proof and burden is on them.

 

 

10 hours ago, vithanda_vadhi said:

Entha pedda company? Any decent size company have legal department. I don't think they send such notice without prior review.

US lo enduku, just to ask the employer to back-off or expecting compensation? 

Something similar happened to one of my friends with a large IT firm in India. He has access to a good corporate lawyer in Delhi and the advice he got was just pay and move on. It seems lawyer said you read, understood and signed so nothing to contest  and the document he signed is proper legally defendable by the company. But aa company visa fee adagaledu..training, relocation edo sodi..

 

Clear ga visa filing processing expenses undi agreement lo, notice lo kuda company spent of filing visa application and processing ani undhi with actual expenses ani mention chesadu.

don’t want to messup with them in India bhayya, we wanted to pay there, but company vadiki sarigga idham ani trying, totally irritated andhuke looking for all options to put them in trouble in US at least so that they don’t play these tricks with others 

[Codemonkey]

19 hours ago, chammakchandra said:

It’s not too much $$$, pay and get out even tho is not honest demand by ex emp., it was was huge amount there is reason to fight but I would get out of it to avoid any other legal  issues here in US. 

Also he would cough up the same amount or more in attorney fees in US if he decides to fight it in US court too.

 

it’s not a lot of money, it’s better to pay and move on.

[vithanda_vadhi]

1 hour ago, Dr_Muddu_Krishna said:

 

Clear ga visa filing processing expenses undi agreement lo, notice lo kuda company spent of filing visa application and processing ani undhi with actual expenses ani mention chesadu.

don’t want to messup with them in India bhayya, we wanted to pay there, but company vadiki sarigga idham ani trying, totally irritated andhuke looking for all options to put them in trouble in US at least so that they don’t play these tricks with others 

Okay. My next few lines may be unsettling for you but someone has to say it.

Why irritated? Meeru contract chadive sign chesaru kada? You could have said no to contract or stayed until contract is over. You got good opportunity and weighted that it is better to move. It is a calculated decision on your end. 

Please stop thinking that you can teach a lesson to the company and helping next generation employees. At max, you will force the company to write better worded contract. 

Conclusion : I understand it is not easy to let go hard earned money. Ee fight tho meeku inkonchemu financial bokka, mental tension thappa benefit emi vundadu. Negotiate, pay and move on. Or don't pay wait for company next step.

 

 

[chammakchandra]

2 hours ago, Codemonkey said:

Also he would cough up the same amount or more in attorney fees in US if he decides to fight it in US court too.

 

it’s not a lot of money, it’s better to pay and move on.

Exactly.. it’s too much hassle for nothing 

[Dhed]

Like I said earlier , you might end up paying in INdia and here you should file a complaint 

these are taken very seriously here and you might also file harassment here 

don’t leave them , file case