H1B Application and extension expenses. Who pays for that? Employer or Employee?

[Ben10 2]

Hello guys;

I am back to this forum with a quick question regarding the H1b fees and attorney's legal fees.

I saw in this forum and in some online researches that most people have their employer pay for the H1b process related fees.

I 'd like to know WHO, ACCORDING TO THE LAW, is required to pay for the H1B (Change of Status in the USA, and Extension)

My personal and sad story is I am employed by a Not-for-profit company (an English School in NYC). I was under F1 there and then I changed my status from F1 to H1B. I paid out of my pocket all the related fees (USCIS fees, Attorney's legal fees, Fraud prevention fees).

After approval the time came to extend it. I paid again out of my pocket all the extension fees. I got a very short extension (1 year) and even asked for some help regarding the short duration in this forum.

My H1B will expire very soon again, now I want to know if it is my financial responsibility to pay out of my pocket for the extension.

- Am I allowed by law to pay out of my pocket?

- Is my employer exempt from the law requiring him to support the fees?

- Is there any way to get my money back?

PS: I never received any compensation in any form for all the money I have paid for my H1B application and extension.

I am free to share any information you might need for my help.

Thanks guys.

[Zats&Bryan 30]

If it was not a non profit organization it would be easy to figure out. They should have to pay for everything as long as they want you employed. Im sorry i cannot help. Maybe another member can or ask an immigration attorney. Good Luck!!

[Transborderwife 4,666]

I believe the employers must pay

[aaron2020 11,651]

Hello guys;

I am back to this forum with a quick question regarding the H1b fees and attorney's legal fees.

I saw in this forum and in some online researches that most people have their employer pay for the H1b process related fees.

I 'd like to know WHO, ACCORDING TO THE LAW, is required to pay for the H1B (Change of Status in the USA, and Extension) The law requires the employer to pay.

My personal and sad story is I am employed by a Not-for-profit company (an English School in NYC). I was under F1 there and then I changed my status from F1 to H1B. I paid out of my pocket all the related fees (USCIS fees, Attorney's legal fees, Fraud prevention fees).

After approval the time came to extend it. I paid again out of my pocket all the extension fees. I got a very short extension (1 year) and even asked for some help regarding the short duration in this forum.

My H1B will expire very soon again, now I want to know if it is my financial responsibility to pay out of my pocket for the extension.

- Am I allowed by law to pay out of my pocket? No.

- Is my employer exempt from the law requiring him to support the fees? No.

- Is there any way to get my money back? Talk to your employer. Get an attorney.

PS: I never received any compensation in any form for all the money I have paid for my H1B application and extension.

I am free to share any information you might need for my help.

Thanks guys.

http://hackinglawpractice.com/video-can-an-h1b-employer-force-the-employee-to-pay-uscis-and-attorney-fees/

[arken 4,197]

Hello guys;

I am back to this forum with a quick question regarding the H1b fees and attorney's legal fees.

I saw in this forum and in some online researches that most people have their employer pay for the H1b process related fees.

I 'd like to know WHO, ACCORDING TO THE LAW, is required to pay for the H1B (Change of Status in the USA, and Extension)

My personal and sad story is I am employed by a Not-for-profit company (an English School in NYC). I was under F1 there and then I changed my status from F1 to H1B. I paid out of my pocket all the related fees (USCIS fees, Attorney's legal fees, Fraud prevention fees).

After approval the time came to extend it. I paid again out of my pocket all the extension fees. I got a very short extension (1 year) and even asked for some help regarding the short duration in this forum.

My H1B will expire very soon again, now I want to know if it is my financial responsibility to pay out of my pocket for the extension.

- Am I allowed by law to pay out of my pocket?

You should not be paying any H1B related fees and your employer cannot make you pay for H1B related fees (except Premium processing). So what your employer is doing by having you pay for legal fees is not allowed by DOL.

- Is my employer exempt from the law requiring him to support the fees?

Your employer is not exempt form paying the fees, in fact, your employer is the one who should be paying those fees.

- Is there any way to get my money back?

I believe you can file a complaint to DOL about what's going on and they will make sure you get your money back from the employer. You should be prepared for a long process though.

PS: I never received any compensation in any form for all the money I have paid for my H1B application and extension.

I am free to share any information you might need for my help.

Thanks guys.

Edited September 11, 2015 by arken

[Boiler 43,433]

The Employerpays the fees and should pay the Lawyer costs.

[Ben10 2]

THANK you very much guys for your inputs. I researched after your confirmation and found it on the page of the Department of Labor that it is ILLEGAL for a U.S Employer to ask an H1B applicant to pay all the fees and cost related to the H1B application or extension. These costs and fees are supported by the Employer and enter in the category of the "business expenses".

THANK you again.

Now I want to fight back to get my money back.

- Should I contact the Department of Labor first with all the proof and receipts in my hands, and wait for them to conduct an investigation of the School, and if found guilty I ask my Employer to reimburse me?

- Or should I just hire a lawyer to fight back on my behalf?

Another information that can shock you is in this School where I am employed, we are (other people were) almost all in H1B status and every single person here pays out of his/her pocket for the h1b costs. After talking to some of the workers here, they are scared to take any action and denounce the School. Anyway I am ready to board the boat by myself and go for the fight to get my money back.

One more time THANK you guys.

[aaron2020 11,651]

THANK you very much guys for your inputs. I researched after your confirmation and found it on the page of the Department of Labor that it is ILLEGAL for a U.S Employer to ask an H1B applicant to pay all the fees and cost related to the H1B application or extension. These costs and fees are supported by the Employer and enter in the category of the "business expenses".

THANK you again.

Now I want to fight back to get my money back.

- Should I contact the Department of Labor first with all the proof and receipts in my hands, and wait for them to conduct an investigation of the School, and if found guilty I ask my Employer to reimburse me? No because the legal system does not work that way. You can contact the DOL. What happens next depends on what the DOL wants to do. They may not investigate. They may not force the employer to reimburse you.

- Or should I just hire a lawyer to fight back on my behalf? You need to hire a lawyer. If you want your money, you need to hire a lawyer to fight to get it back.

Another information that can shock you is in this School where I am employed, we are (other people were) almost all in H1B status and every single person here pays out of his/her pocket for the h1b costs. After talking to some of the workers here, they are scared to take any action and denounce the School. Anyway I am ready to board the boat by myself and go for the fight to get my money back.

One more time THANK you guys.

Best of luck.

[Boiler 43,433]

I would make an annonymouse call and get the audited. They are in deep do do.

[ppihtr123 68]

a few years back there was a major case about this type of thing in Maryland with school teachers...

http://www.cgfnsalliance.org/wp-content/uploads/2014/11/Case_Study_5_-_PG_County_Teachers.pdf

http://www.dol.gov/opa/media/press/whd/WHD20110996.htm

Sure you might get your money back after a few years of fighting BUT then they might get a sponsorship ban as well meaning they can't sponsor you or anyone else.

[Ben10 2]

Very interesting information ppihtr123.

I know this has pros and cons.

The School I am employed in has a lawyer doing these illegal practices for many years. It has to stop one day by one person.

[aaron2020 11,651]

Very interesting information ppihtr123.

I know this has pros and cons.

The School I am employed in has a lawyer doing these illegal practices for many years. It has to stop one day by one person.

The school is not the only actor behaving badly.

You were willing to go along until now . . . when your visa extension is about to expire.

You state you have friends in the same situation and aware that they are illegally paying to get their H1-bs. No one wants to inform the authority while they benefit from having the visas and being allowed to stay here. They will only be brave like you when their visas expire.

You accept the bad acts when it benefits you, then want to complain only after you get full use of those benefits. Why didn't you complain earlier? Why don't your friends currently with these H1b visa complain? Maybe, it's because they like you enjoyed having those visas.

Edited September 12, 2015 by aaron2020

[Ben10 2]

Very good point aaron2020. Let me tell the entire story to show you that, no one was aware of that. Even me, I just realized it now after research and questioning people.

When I and many of us were F1 in this school we apply for on campus work in the school and we happily got hired as F1 doing on campus job and still going to school.

Then I and many of us decided to change the status from F1 to h1b. Obviously I/we talked to the School Director about that. The answer was as follow: "OK, go and see the school's lawyer" For someone who does not know anything about H1B that sounds ok so far. right? I went to the lawyer in 2010. The lawyer NEVER mentioned that it is ILLEGAL for us to pay out of our pocket. He just ask us to bring the money orders, sign the agreement to retain him as a lawyer, and start the process. So far, I could never realize that. Because the lawyer would have told/advised us not to pay the fees personally. Then I got approved for only 2 years.

After the 2 years, I asked for extension to my Employer and he said: "Go see Mr **** (the lawyer)" I went there again and apply for the extension. Till here I couldn't see any sign of violation going on. And for the extension I paid the USCIS fees along with the attorney's fees (1st and 2nd part only) with my personal check. Then the fish came out when USCIS approved my petition for only 1 year. I was mad with the lawyer and the School Director. And I told the lawyer I am not going to pay the rest of the attorney's fees I owed (the 3rd and last part). I was getting ready to fight in debt collection and defend myself if he sends me there. But Until now the attorney never ever asked me that money. Then I started looking online, asking people, if the financial responsibility of the filling was mine or not. Because the lawyer couldn't do any action against me for the remaining money based on something that is illegal. Right? That's why until now he never asked for that money.

And, one of the people here explained me that the Director himself told her that she is the one who is supposed to pay all the fees.

To tell you again, the H1b we have here benefits ONLY to the Director and his school. Because our job has NO BENEFITS. You got it right, 0 Benefits. The only benefits is the sick leave, and because that is a current and advertised law in NYC and the city is not playing with that. NO vacation at all. Since I am working here I have never taken any vacation and I never received any compensation for not-taken vacation. NO overtime payment. I work 43 an 3/4 hours per week and get paid same has regular hours. Before the sick leave law got into effect, when you got sick and can't come, you don't get paid at all. No mercy at all.

I started here in early 2010 with a wage of $13/h. Today my wage is $13.3/h. So when you do the math you see? 30cent increase in 5 YEARS going to 6 now. And the position requires a Bachelor's Degree at least or its equivalent. This situation is not only for me. It is for all those H1b worker who are here. I believe we are 3 or 5 only. The other ones get their green cards in other ways, not through the company.

So this is the story of the so called not-for profit school in NYC making millions over students and its employers.

(sorry for the mistakes and typos)

Edited September 12, 2015 by Ben10

[Ben10 2]

sorry for the separate posts. I can't modify the previous to add this information and I don't know why.

I wanted to add that I am a Fully Licensed Teacher. All my trainings to get the full license (PERMIT - PROVISIONAL Lic.- FULL Lic.), I paid them out of my pocket please. So if you see any benefits or advantage of being an H1B in such a place, kindly let me know.

[Boiler 43,433]

This is where I have problems, an H1b requires that the job requires a degree and that you have that degree.

It also requires the prevailing wage to be paid. I have trouble believing that the wages you mentioned comply.

And all this information is available with a very very quick google search.

Yet neither you nor your colleagues could spare a couple of minutes to look it up?

If a Student came up with such an answer I think a F would be in order.

Edited September 12, 2015 by Boiler