company revoked H1B visa by mistake and charges me for all the related costs.

[lawabidingperson]

Hello All,

I would like to seek advice on my situation as I think I was treated very unfairly by the company and I need your help please.

When I was about to go with H1B extension because the previous H1B was going to expire in Sept 2014, I found out that the company revoked the visa by mistake. The HR department blamed the mistake on me and charged me all the related legal fees of the H1B revocation and withdrawal of the revocation.

As I was out of status right away and the project I'm on has been going on, the company also went with expedite process. However, they charged me the premium processing fee and the H1B visa extension fees as well except for the AICWA Fee.

As far as I'm concerned, it is illegal for an employer to directly or indirectly charge employees for visa fees, but I also would like to know if it is legal to charge an employee for visa termination legal fees.

I am planning to complain about this issue and ask the company at least to pay for their own mistake in regards to the visa revocation and premium processing fee, but I'm afraid they might retaliate by terminating my employment based on their reaction and response through this mistake.
Then, what kind of actions can I take if I get threatened or discharged from projects I'm working on?

[raghvi]

Hello All,

I would like to seek advice on my situation as I think I was treated very unfairly by the company and I need your help please.

When I was about to go with H1B extension because the previous H1B was going to expire in Sept 2014, I found out that the company revoked the visa by mistake. The HR department blamed the mistake on me and charged me all the related legal fees of the H1B revocation and withdrawal of the revocation.

As I was out of status right away and the project I'm on has been going on, the company also went with expedite process. However, they charged me the premium processing fee and the H1B visa extension fees as well except for the AICWA Fee.

As far as I'm concerned, it is illegal for an employer to directly or indirectly charge employees for visa fees, but I also would like to know if it is legal to charge an employee for visa termination legal fees.

I am planning to complain about this issue and ask the company at least to pay for their own mistake in regards to the visa revocation and premium processing fee, but I'm afraid they might retaliate by terminating my employment based on their reaction and response through this mistake.
Then, what kind of actions can I take if I get threatened or discharged from projects I'm working on?

Firstly get a copy of your original H1 approval notice.

Also, start looking for another employer and initiate a transfer, if possible in premium, and then, tell current employer that if they dont refund your dues you will have to complain to DOL. They cant retaliate or terminate you for doing so. It may be a legal hassle and battle but if you want to fight for your rights this would be the first step.

Otherwise, forget about the money, quietly find another employer and once the transfer petition is approved leave this employer.

This is my opinion not legal advice.

[lawabidingperson]

Firstly get a copy of your original H1 approval notice.

Also, start looking for another employer and initiate a transfer, if possible in premium, and then, tell current employer that if they dont refund your dues you will have to complain to DOL. They cant retaliate or terminate you for doing so. It may be a legal hassle and battle but if you want to fight for your rights this would be the first step.

Otherwise, forget about the money, quietly find another employer and once the transfer petition is approved leave this employer.

This is my opinion not legal advice.

Thank you so much for the advice.