Paying for h1B transfer?

[shrestha]

Please do advice me as I am in desperate need of advice and have found confusing information on web

I have been offered a job and asked to pay H1B transfer fee.

I have question about To be more specific which one of these fees Am I NOT allowed to pay for myself.

320$ = Form I-129
500$ = Fraud Prevention fee
1500$ = Education and training
2000 = Lawyer fee

Can I be asked to pay for the Lawyer fee or not? Or Fraud Prevention Or Form I-129

[ArkBird]

Under the law, you should not be paying single penny out of your pocket to obtain/transfer H1B.

[shrestha]

Not even Lawyer or 500 or 320?

The Info that I got from web search is that I can pay for fees other than "Education and Training Fee" Is that not true?

[krishmunn]

Originally Posted by shrestha

Not even Lawyer or 500 or 320?

The Info that I got from web search is that I can pay for fees other than "Education and Training Fee" Is that not true?

It's complex. As per immigration law you can pay costs other then "Education & Training" but as per Labor law you cannot pay any cost related to H1.

I have seen many HR and even Attorney think they can pass that to employee just because they are focussing only on Immigration Law.


Here is the law extract (from 20 CFR 655.731 ) --


(ii) Deduction which is authorized by a collective bargaining agreement, or is reasonable and customary in the occupation and/or area of employment (e.g., union dues; contribution to premium for health insurance policy covering all employees; savings or retirement fund contribution for plan(s) in compliance with the Employee Retirement Income Security Act, 29 U.S.C. 1001, et seq.), except that the deduction may not recoup a business expense(s) of the employer (including attorney fees and other costs connected to the performance of H-1B program functions which are required to be performed by the employer, e.g., preparation and filing of LCA and H-1B petition);

[smuggymba]

Can we pay for premium processing of I-140 i.e. just the 1000?

[krishmunn]

Originally Posted by smuggymba

Can we pay for premium processing of I-140 i.e. just the 1000?

For 140 and 485, Employee can pay all the cost. Employer just need to pay for PERM
( Attorney and Advertisement cost)

[smuggymba]

Originally Posted by krishmunn

For 140 and 485, Employee can pay all the cost. Employer just need to pay for PERM
( Attorney and Advertisement cost)

ok. My company said there is no need & no business case for PP but if you want, you can pay the extra 1000 from your own pocket. It's a big firm but still better to check. Thanks.

[krishmunn]

Originally Posted by smuggymba

ok. My company said there is no need & no business case for PP but if you want, you can pay the extra 1000 from your own pocket. It's a big firm but still better to check. Thanks.

Practcally possible if you want to. You may have an intent for vacation now and after you pay for PP you can change your intent. Bottomline, you will not be in a legal problem for paying this

[ArkBird]

Originally Posted by shrestha

Not even Lawyer or 500 or 320?

The Info that I got from web search is that I can pay for fees other than "Education and Training Fee" Is that not true?

On the second thought, why do you want to work for someone haggling for $200-$500. Are you sure they are able/willing and committed to paying your LCA stated salary after approval?