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REG : H1 Filing fees - employer deducted the H1 filing fees from the Final Settlement REG : H1 Filing fees - employer deducted the H1 filing fees from the Final Settlement
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  #1 (permalink)  
Old 06-13-2012, 04:32 PM
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Default REG : H1 Filing fees - employer deducted the H1 filing fees from the Final Settlement
Hi

I came to US, and worked for an employer A, after 6 months I got a new offer with B with a good paycheck and bonus. I quit from A and joined B. Now the employer had sent me a final settlement check deducting my H1 fees.

Got offer in 2010 - signed the handbook 2010 [no details on H1 fee]
Joined in 2011 - signed the handbook 2011 [no details on H1 fee]
Moved in 2012 - signed the handbook 2012 [had the refund details on H1 fee]
they added a clause in 2012 saying if that they will sponsor h1 and the employee has to stay for 12 months, if not has to refund the H1 payment fees.

Now they are demanding the H1 fee claiming that, it is in the handbook ..

I am left clueless, and it is making me restless. Please advise
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  #2 (permalink)  
Old 06-14-2012, 05:31 AM
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it is illegal for an employer to charge for H1-B fees as far as I know. You might want to check on USCIS's website.

Quote:
Originally Posted by Dev85 View Post
Hi
I came to US, and worked for an employer A, after 6 months I got a new offer with B with a good paycheck and bonus. I quit from A and joined B. Now the employer had sent me a final settlement check deducting my H1 fees.

Got offer in 2010 - signed the handbook 2010 [no details on H1 fee]
Joined in 2011 - signed the handbook 2011 [no details on H1 fee]
Moved in 2012 - signed the handbook 2012 [had the refund details on H1 fee]
they added a clause in 2012 saying if that they will sponsor h1 and the employee has to stay for 12 months, if not has to refund the H1 payment fees.

Now they are demanding the H1 fee claiming that, it is in the handbook ..

I am left clueless, and it is making me restless. Please advise
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  #3 (permalink)  
Old 06-14-2012, 07:26 AM
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Did they give you a break up of the cost they charged. If not ask them to provide one including receipts
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  #4 (permalink)  
Old 06-14-2012, 11:02 AM
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They haven't giving me any split up. But I have emails from them demanding the refund of the fee.
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  #5 (permalink)  
Old 06-14-2012, 01:02 PM
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Originally Posted by Dev85 View Post
They haven't giving me any split up. But I have emails from them demanding the refund of the fee.
I got the split up with all the details even the H1 fee
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  #6 (permalink)  
Old 06-20-2012, 09:27 AM
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It is illegal, for Employer to demand for the H1b filing fee, however they can demand for a refund of attorney fee had they approached any attorney for filing H1B. But I am not sure whom to approach in such sceanrios.
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  #7 (permalink)  
Old 06-20-2012, 09:46 AM
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It is illegal to ask for H1B fees. Both employer and lawyer can be in trouble if you complain. Do google search and you will find info on complaining to USCIS.
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  #8 (permalink)  
Old 06-20-2012, 10:15 PM
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krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute krishmunn has a reputation beyond repute
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Quote:
Originally Posted by Dev85 View Post
I got the split up with all the details even the H1 fee
send them a mail saying it is illegal to ask for reimbursement of H1 fee and you will complaint to DOL
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