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  #1 (permalink)  
Old 07-08-2008, 12:00 AM
Junior Member
Priority Date
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May-08
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:
EB2
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:
India
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:
I-485
I485 Mailed Date
:
02/09/2012
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Join Date: Apr 2007
Posts: 1
harshdeep is on a distinguished road
Default Employer asking for H1-B filing fees

Hi,

I was employed by a non-profit organisation that sponsored my h1-B but I moved to another organisation before the completion of 12 months.

I was not notified of any outstanding expenses when I left but a few days later received an email from HR stating that I had to pay a pro-rated amount for H1 legal and filing fees, including premium processing. This is because they have a policy that if an employee leaves prior to completion of 12 months of employment they are liable for the fees.

I thought it was illegal for the employer to charge an employee for filing fees.
Is this correcr?

TIA
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  #2 (permalink)  
Old 07-08-2008, 02:43 AM
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Priority Date
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Oct-07
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11/03/2011
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belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute
Default

Quote:
Originally Posted by harshdeep View Post
Hi,

I was employed by a non-profit organisation that sponsored my h1-B but I moved to another organisation before the completion of 12 months.

I was not notified of any outstanding expenses when I left but a few days later received an email from HR stating that I had to pay a pro-rated amount for H1 legal and filing fees, including premium processing. This is because they have a policy that if an employee leaves prior to completion of 12 months of employment they are liable for the fees.

I thought it was illegal for the employer to charge an employee for filing fees.
Is this correcr?

TIA

Nope. check this out http://www.dol.gov/dol/allcfr/title_...CFR655.731.htm
It is against the law for employers to ask for H1 filing fees. DOL is very strict about these. Let them know, if they still insist, submit a complaint with DOL.
__________________
PD: Oct 2007, EB2
I-140 - Approved Sep 2008.
485 - Nov 4, 2011 (RD)
485 approved on Jan 25,2012.
Physical cards received on Jan 30, 2012
one time contribution - 100$
one time contribution for April 2011 Advocacy days - 50$

Last edited by belmontboy; 07-08-2008 at 02:52 AM.
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  #3 (permalink)  
Old 07-08-2008, 11:15 AM
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Dec-05
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11/20/2008
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pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts pointlesswait is infamous around these parts
Default too bad!

legally they cannot ask..

but they are an NGO...but it is unethical on your part to have left them with a huge bill..shame on you! it just goes to show that you used them to get ur H1 and you had no intention of "helping" anyone..but urself.. so selfish!

if i were you i would pay them...

..



Quote:
Originally Posted by harshdeep View Post
Hi,

I was employed by a non-profit organisation that sponsored my h1-B but I moved to another organisation before the completion of 12 months.

I was not notified of any outstanding expenses when I left but a few days later received an email from HR stating that I had to pay a pro-rated amount for H1 legal and filing fees, including premium processing. This is because they have a policy that if an employee leaves prior to completion of 12 months of employment they are liable for the fees.

I thought it was illegal for the employer to charge an employee for filing fees.
Is this correcr?

TIA
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  #4 (permalink)  
Old 07-08-2008, 12:13 PM
Senior Member
Priority Date
:
Oct-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
11/03/2011
Compare
Join Date: Jul 2007
Posts: 900
belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute belmontboy has a reputation beyond repute
Default

Quote:
Originally Posted by pointlesswait View Post
legally they cannot ask..

but they are an NGO...but it is unethical on your part to have left them with a huge bill..shame on you! it just goes to show that you used them to get ur H1 and you had no intention of "helping" anyone..but urself.. so selfish!

if i were you i would pay them...

..
My friend your argument doesnot make any sense!
One has to think about his career rather than this employer! There are no ethics involved here.

He got H1 and stayed with his employer for 6 months, i am sure he has paid back that money through his work. Just bcoz somebody sponsors H1 doesnot mean that u have to be slave for them!
__________________
PD: Oct 2007, EB2
I-140 - Approved Sep 2008.
485 - Nov 4, 2011 (RD)
485 approved on Jan 25,2012.
Physical cards received on Jan 30, 2012
one time contribution - 100$
one time contribution for April 2011 Advocacy days - 50$

Last edited by belmontboy; 07-08-2008 at 12:15 PM.
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  #5 (permalink)  
Old 07-08-2008, 12:22 PM
Junior Member
Priority Date
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Jun-03
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EB3
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04/18/2007
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India
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:
06/02/2007
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pathmaker is infamous around these parts pathmaker is infamous around these parts
Cool Employer asking for H1-B filing fees

i agree with pointlesswait, 12 months for an NGO is not too much to ask for for last two years you know how much pain getting H1B and as a matter of fact its not slavery you know before you join that you need to work for 12 months thats what you choose. if your attitude is this way no wonder why we see bood sucking employers around.. what you give is what you get back in your life
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