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Immigration Forum / USA / October 2008



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H1b Cancellation

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dummydum@indiatimes.com - 09 Oct 2008 08:40 GMT
I have received H1B approval notice and now I don;t want to go to US
for job. Now the employer who sponsored my H1B is asking for the fees
he has paid for the processing.
Can someone tell me the way out or any way /reason for not going to US
or cancelling my H1B.

-Avinash
J. J. Farrell - 09 Oct 2008 17:46 GMT
> I have received H1B approval notice and now I don;t want to go to US
> for job. Now the employer who sponsored my H1B is asking for the fees
> he has paid for the processing.
> Can someone tell me the way out or any way /reason for not going to US
> or cancelling my H1B.

This is a private matter between you and the employer. Unless you signed
some contract agreeing to recompense the employer's expenses if you
didn't take up the job, I can't see how he has grounds to get money out
of you. USA law requires that the employer and no-one else pays several
of the charges related to H-1B applications anyway. I'd check with a
civil lawyer in the jurisdiction where you've had dealings with the
employer. Whether or not you have any moral obligation to recompense him
is a different matter, and depends on the fine details of your dealings
with him. No one can make you go to the USA and take up the job.
 
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