Legal Question in Employment Law in California

Repayment under H1-B Visa

I am on H1b visa and working for a software company in

California. I am in a situation where I want to resign from my present job. When I started my job the company paid for the rellocation expenses, the H1B visa procedures as well as the sign-in bonus and I had to sign a contract

that required that if I resign before 12 months from the company I have to repay all of the above listed things back. I have worked for the company only 4 months and now in a situation where I want to resign.

I have looked at the US department of Labor website and according to it:

''The employer may not require the H1 worker to pay a financial penalty for leaving employment prior to a date set in the employment contract. However, this restriction does not preclude the employer from seeking ''liquidated

damages'' pursuant to relevant state law. Liquidated damages are generally estimates stated in the contract of the anticipated damages to the employer caused by the worker's breach of contract.''

Under this regulation, can the company ask me to repay them the SIGNING BONUS, RELOCATION EXPENSES and H1-B VISA EXPENSES back.


Asked on 7/25/03, 8:40 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Repayment under H1-B Visa

most things in business are negotiable. You should hire counsel to seek a settlement of this dispute, as it would be cheaper than getting sued and spending a lot more fees. Contact me if interested.

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Answered on 7/31/03, 2:15 pm


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