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  #1 (permalink)  
Old 03-16-2009, 12:48 PM
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Default Who pays for H1 fees, Urgent advice pls.

Guys,

Thanks in advance for urgent advice for my bro..

His employer of 5 people if filing a H1 and the lawyer document says some fees can be paid by the beneficiary. I never heard that a beneficiary must pay. Please advise on the 2 points below..Do you guys think this is OK. Other fees are listed as to be paid by employer.

1. Filing fees for the H-1B are $320.00. This fee may be paid by petitioner (employer) or beneficiary (employee). Please note, if the beneficiary is paying this fee, please let our office know as adjustments to the H-1B petition will be required

2. A new Fraud Prevention and Detection Fee of $500.00 may be paid by petitioner (employer) or beneficiary (employee) seeking a beneficiary’s (employee’s) initial grant of H-1B classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitioners exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500.00 fee applies to petitions filed with the USCIS on or after March 8, 2005.
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  #2 (permalink)  
Old 03-16-2009, 01:05 PM
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http://chennai.usconsulate.gov/h1brights.html
Rights and Responsibilities of H-1B Holders
Don’t Get Stuck on the Bench – Your Rights as an H-1B Worker
The skilled temporary worker visa program, also known as the H-1B visa, allows foreign nationals with advanced skills to take up jobs with good salaries in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Indians use the vast majority of H-1B visas. While the vast majority of H-1B employers are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

You are entitled to the following rights as an H-1B worker
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This in turn must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be “benched,” or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should look out for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or www.wagehour.dol.gov. You can also contact Consulate General Chennai at chennainiv@state.gov
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  #3 (permalink)  
Old 03-16-2009, 01:22 PM
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sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute sri1309 has a reputation beyond repute
Default You r one of the best..thanks

Quote:
Originally Posted by bestofall View Post
http://chennai.usconsulate.gov/h1brights.html
Rights and Responsibilities of H-1B Holders
Don’t Get Stuck on the Bench – Your Rights as an H-1B Worker
The skilled temporary worker visa program, also known as the H-1B visa, allows foreign nationals with advanced skills to take up jobs with good salaries in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Indians use the vast majority of H-1B visas. While the vast majority of H-1B employers are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

You are entitled to the following rights as an H-1B worker
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This in turn must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be “benched,” or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should look out for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or www.wagehour.dol.gov. You can also contact Consulate General Chennai at chennainiv@state.gov

Thansk a lot for the link and also posting the content. You are a very responsible guy...

It says
"Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition."

SO I think we must take it as just "may" and not "must". So the beneficiary can pay some part as it looks like., legally.
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  #4 (permalink)  
Old 03-16-2009, 01:29 PM
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your employer may ask you to pay all the fees except for the $ 1500/750 anti fraud fees, only catch being, it should not lower your salary to below the prevailing wage, they definitely will ask you to pay the premium processing
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  #5 (permalink)  
Old 03-16-2009, 01:34 PM
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pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

Quote:
Originally Posted by bestofall View Post
http://chennai.usconsulate.gov/h1brights.html
Rights and Responsibilities of H-1B Holders
Don’t Get Stuck on the Bench – Your Rights as an H-1B Worker
The skilled temporary worker visa program, also known as the H-1B visa, allows foreign nationals with advanced skills to take up jobs with good salaries in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Indians use the vast majority of H-1B visas. While the vast majority of H-1B employers are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

You are entitled to the following rights as an H-1B worker
You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This in turn must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
You must not be “benched,” or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
You must receive the same fringe benefits on the same basis as offered to American employees.
Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
You have the following responsibilities as an H-1B worker
You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
You should look out for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
You may not enter the United States more than 10 days prior to the petition validity date.
You must follow U.S. laws and regulations while in the United States.
Your spouse and other H-4 dependents may not work while in the United States.
If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or www.wagehour.dol.gov. You can also contact Consulate General Chennai at chennainiv@state.gov
This is good info. Please also add in IV wiki
http://immigrationvoice.org/wiki/index.php/Main_Page
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  #6 (permalink)  
Old 03-16-2009, 01:47 PM
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desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute desi3933 has a reputation beyond repute
Default

Quote:
Originally Posted by sri1309 View Post
Guys,

Thanks in advance for urgent advice for my bro..

His employer of 5 people if filing a H1 and the lawyer document says some fees can be paid by the beneficiary. I never heard that a beneficiary must pay. Please advise on the 2 points below..Do you guys think this is OK. Other fees are listed as to be paid by employer.

1. Filing fees for the H-1B are $320.00. This fee may be paid by petitioner (employer) or beneficiary (employee). Please note, if the beneficiary is paying this fee, please let our office know as adjustments to the H-1B petition will be required

2. A new Fraud Prevention and Detection Fee of $500.00 may be paid by petitioner (employer) or beneficiary (employee) seeking a beneficiary’s (employee’s) initial grant of H-1B classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitioners exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500.00 fee applies to petitions filed with the USCIS on or after March 8, 2005.
http://www.dol.gov/esa/whd/FLSAEmplo...H1BEnglish.pdf

http://www.dol.gov/esa/whd/regs/comp...2/whdfs62A.pdf

.
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  #7 (permalink)  
Old 03-16-2009, 02:24 PM
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Mar-06
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I485 Mailed Date
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06/29/2007
Compare
Join Date: Mar 2006
Posts: 6,423
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pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute pappu has a reputation beyond repute
Default

desi3933 can you add the links in the wiki. Next time when someone needs such information, we can point to the wiki page.
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