Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

H1B revoked by a company mistake while currently working in the US

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B revoked by a company mistake while currently working in the US

    My current H1B expires in sept 2014, but the company found out that it is revoked at the end of May by mistake while preparing for the H1B extension.
    The company attorney is trying to fix the issue by reinstating the current visa and petitioning for the extension with the premium process simultaneously.

    My issue here is the company required me to pay for all the expense, which is about $4,300 except for AICWA Fee, $1,500.
    The fee I'm paying is Basic filing fee($325), lawyer fee($2,500), other visa fee(fedex) and the premium processing fee($1,225).

    I wonder which one is right by the law.

    1. employers are required to pay all the payment except for premium process fee(whether it's a company mistake or not, employees are responsible for paying the premium processing fee)
    2. employers are only responsible for the basic and AICWA Fee.

    I am fully aware that H1B revocation is totally up to employers and they can revoke it at any time. But if they make a mistake like this when I am under a valid contract and I never received any notice regarding employment termination, is the company violating the labor law as I should be treated equally as a normal employee at work?

    And how long does it usually take to reinstate the H1B visa revocation due to a clerical mistake?

  • #2
    Not sure how long reinstatement will take, but if the company requires you to pay anything at all and Department of Labor finds out this could be trouble (especially if your salary minus your payments = less than prevailing wage). Normally, premium processing is the only fee that you, as beneficiary, may pay without worry. The company is supposed to pay for everything else (though you are free to retain an attorney on your own behalf, to whom you would pay a fee).

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X