Employer asking to pay H1B fees

[techtech51]

Hi,

Here is the situation. My employer filed for H1 and I paid 2500 out of my pocket towards it. After getting my H1 I wanted to shift back to H4(I tried for a job before even I got my H1 and couldn't get through after 3 months on H1).

I applied for a H4 Change of Status.

Now my employer is nagging me for the remaining $2500 which I am not willing to pay.
I do not have an SSN until now so he did not run any pay.

How far can I get away with this? Will there be any consequences to me/my husband if I don't pay him the remaining H1 fee.

Please suggest and Thanks.

[krishmunn]

First , not having SSN is not an excuse not to run payroll. You are supposed to be paid from the day you reported to work OR from 60 days after your status changed to H1 whichever is earlier

Second, either file a complaint with DOL or threat the employer that you will complaint

Having said that, why did you pay part of H1 fees ? This indicates you tried to get a H1 without having a real job and so violated the law. If you file a complaint, I am not sure if it will back fire.

[sac-r-ten]

If you have anything in writing from the employer asking for the $2500 you paid earlier, that would make your case strong. Also if you have anything now where he is asking for the remaining $2500 then you can use it to report to DOL. If not, then get in writing and them tell him that these emails are going to DOL. i am sure he understands the consequence of that.

Nothing against you, but coz of such employers and candidates others are suffering at each step of the immigration process now. JUST STOP THIS.

PS: I never knew the H1b fees increased to 5k. huh.