Hi,
I was looking for a job and went through a recruiter who got me an interview for a temporary contract job paying by the hour. The interview went well and I was selected by the client. I verbally accepted the offer from the recruiter to proceed further on this engagement. In order for me to begin work, I needed a work visa (H1B) to be sponsored by either the client or 3rd party agency; the client wouldn't sponsor for temporary engagements, so the recruiter found an agency who would transfer my visa.
Following this, the recruiter said since they want to make sure I stay on the project for at least two months, they want me to front the visa fees for the H1B transfer (around $5,000), which they'll pay me back after two months into the job.
I was uncomfortable with this since I was low on funds. Meanwhile the 3rd party agency sent me an offer letter with the discussed salary (which was much lower than my previous salary) and asked me to send documents to the immigration law firm to begin preparation for filing the H1B transfer. I did not sign and accept the written offer. In the interim, I got a different permanent offer from another firm which was to my liking, so I called the recruiter and told him I was leaning to accept the new firm's offer and decline his client's offer. Obviously he was pissed that I declined at the 11th hour and he insisted that any expenses incurred in preparing the H1B petition would have to be paid by me.
I urged him to check if they had done anything with the petition filing (though an accepted offer from me is a must document for the transfer petition). He came back a few days later claiming the charges are $500 and some change that was incurred in the process and that I owe him $500 for this.
He is now chasing me for payment and harassing me with a law suit for failing to make a payment. I then researched online and found that according to Federal Law, an employee (prospective or current) cannot be/should not be asked to pay for any expenses regarding H1B petition. The expenses are to be borne by the employer alone (though he's not an employer but a recruiter).
I went back and forth to him trying to explain I never accepted or signed the offer letter for him to demand any fees payable to him, but he keeps insisting that I did accept the offer to begin the process of preparing the transfer petition.
I researched and also found that a verbal contract is void and non-enforceable if the nature of the contract violates Federal/State laws or both (since demanding fees from a candidate for H1B is illegal).
Please advise if he has a case against me, also if his argument would hold up in court.
Thanks,
Ardentguy.
I was looking for a job and went through a recruiter who got me an interview for a temporary contract job paying by the hour. The interview went well and I was selected by the client. I verbally accepted the offer from the recruiter to proceed further on this engagement. In order for me to begin work, I needed a work visa (H1B) to be sponsored by either the client or 3rd party agency; the client wouldn't sponsor for temporary engagements, so the recruiter found an agency who would transfer my visa.
Following this, the recruiter said since they want to make sure I stay on the project for at least two months, they want me to front the visa fees for the H1B transfer (around $5,000), which they'll pay me back after two months into the job.
I was uncomfortable with this since I was low on funds. Meanwhile the 3rd party agency sent me an offer letter with the discussed salary (which was much lower than my previous salary) and asked me to send documents to the immigration law firm to begin preparation for filing the H1B transfer. I did not sign and accept the written offer. In the interim, I got a different permanent offer from another firm which was to my liking, so I called the recruiter and told him I was leaning to accept the new firm's offer and decline his client's offer. Obviously he was pissed that I declined at the 11th hour and he insisted that any expenses incurred in preparing the H1B petition would have to be paid by me.
I urged him to check if they had done anything with the petition filing (though an accepted offer from me is a must document for the transfer petition). He came back a few days later claiming the charges are $500 and some change that was incurred in the process and that I owe him $500 for this.
He is now chasing me for payment and harassing me with a law suit for failing to make a payment. I then researched online and found that according to Federal Law, an employee (prospective or current) cannot be/should not be asked to pay for any expenses regarding H1B petition. The expenses are to be borne by the employer alone (though he's not an employer but a recruiter).
I went back and forth to him trying to explain I never accepted or signed the offer letter for him to demand any fees payable to him, but he keeps insisting that I did accept the offer to begin the process of preparing the transfer petition.
I researched and also found that a verbal contract is void and non-enforceable if the nature of the contract violates Federal/State laws or both (since demanding fees from a candidate for H1B is illegal).
Please advise if he has a case against me, also if his argument would hold up in court.
Thanks,
Ardentguy.
