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Subject:
Validity of Terms of Offer Letter
Category: Business and Money > Employment Asked by: brainhigh-ga List Price: $2.00 |
Posted:
12 Apr 2006 22:26 PDT
Expires: 12 May 2006 22:26 PDT Question ID: 718419 |
I joined company X couple of months back and they sponsored for my immigration. The offer letter stays that I need to pay the immigration costs back, if I decide to leave the company with-in 1 year. During this period, the above mentioned company X is acquired by company Y and we signed the offer letters from company Y which did not talk of any of the above mentioned issues related to immigration. Now, I am planning to move to a company Z. Should I need to pay the immigration related fees to company X. Are the terms agreed with Company X during offer are still valid and do I need to abide by the terms agreed before acquition. Can I mention that I agreed to terms for company X and since I am not comfortable with company Y, I have decided to leave the company without paying the immigration costs. Please help me with the above issue or direct me proper resources where I can get some help. |
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There is no answer at this time. |
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Subject:
Re: Validity of Terms of Offer Letter
From: myoarin-ga on 13 Apr 2006 05:22 PDT |
You might start by asking to inspect your file in the personnel department and try to discover if and how your obligation the company x is recorded. These two sites indicate that under some states' laws, an employee has a legal right to inspect hir/her file. http://www.artic.edu/staffresources/eeguide/18-privacy.html http://www.nolo.com/article.cfm/objectID/5F59F055-9462-49B3-AA3F7925A394E87D/111/259/177/ART/ If the offer letter from company y referred to your contract with x as a basis for your employment, that would include the agreement about the sponsoring costs, although not specifically mentioned. If the letter only stated that you would be employed in the same position and at the same salary, but did not included any mention of any agreements between you and x, you would be in a better position. But if your inspection of your file showed that the sponsoring arrangement was highlighted in some way, obviously you can expect that y will try to claim the costs. You - we - need to know just what the offer letter from y specifies. This is, of course, no professional or legal advice, as you can read in the disclaimer below. |
Subject:
Re: Validity of Terms of Offer Letter
From: brainhigh-ga on 26 Apr 2006 13:10 PDT |
I checked the file and there is no reference to Original Offer letter. |
Subject:
Re: Validity of Terms of Offer Letter
From: myoarin-ga on 26 Apr 2006 14:01 PDT |
Hi, Well, that is better than if there were a reference, but no absolute assurance that the company might not still remember and ask you for reimbursement. I expect that it depends on the attitude of the staff in the personnel department, and they might not care, since it will cause more work for them, but that is speculation, of course. If they like you, maybe agree with your feelings about the company y, it would be easy for them to "forget" this unusual point in your orignal contract, and avoid additional work for themselves. More speculation, but there is probably no "machinery" that would flag the matter, just human control. But again, this is no professional or legal advice. I expect that you and your potential new employee know about the requirements for employing you as an immigrant, but here is the information from the US Citizenship and Immigration Service website: http://www.uscis.gov/graphics/howdoi/h1b.htm Good luck! Myoarin |
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