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  • Stopped payment on check sent to USCIS:

    Hi Everyone,

    I have this unique situation mentioned below, if any of you have been there, please help me out

    i.) I am working with company A and company B filed my H-1B transfer petition. B asked me to pay the premium filing fee of $1225. My petition was filed and then I resigned from A. But my manager promised me a substantial raise and manager position. So I told B, I will not join them and instead will continue to work for A. B said, they have filed the petition and now it can't be reversed. I however checked that my check was not en-cashed by USCIS. So I stopped the payment on the check.

    I received a mail from USCIS after a few days about payment deficiency issue and they are asking me to pay the premium fee of $1225, otherwise they will reject my H-1B transfer application.

    Does it matter if my petition gets rejected, as I don't want to join company B anyway?

    Will it impact my future applications with USCIS?

  • #2
    I had an almost exactly the same experience with USCIS, but with one exception. I was not issued a warning that the procedure would be rejected. (this was for a client applying for Naturalization).

    What matters, however, is that if USCIS handles your "stop payment" the same way they handled mine, they will consider your paperwork started, even if they later deny or reject it. Since they have attempted to negotiate your check and the payment was stopped, you still owe the money. In my case, we submitted a second Naturalization package which was being processed, after USCIS did not try to cash the first check for almost two months.

    Based on my experience, if I was in your shoes right now, I would pay the deficiency, then cancel the first procedure. You will have lost the $1,225, but that is better than getting the $1,225 obligation turned over to the Treasury Department, collection action started, and threatened report to a credit agency. In addition, there is no predicting how negative the outcome could be on your other or future immigration procedures.

    Also, FWIW, I was eventually out about $725, which I was never able to recoup from the client, who eventual got denied for Naturalization, anyway (but that's another story).

    --Ray B

    Originally posted by [email protected] View Post
    Hi Everyone,

    I have this unique situation mentioned below, if any of you have been there, please help me out

    i.) I am working with company A and company B filed my H-1B transfer petition. B asked me to pay the premium filing fee of $1225. My petition was filed and then I resigned from A. But my manager promised me a substantial raise and manager position. So I told B, I will not join them and instead will continue to work for A. B said, they have filed the petition and now it can't be reversed. I however checked that my check was not en-cashed by USCIS. So I stopped the payment on the check.

    I received a mail from USCIS after a few days about payment deficiency issue and they are asking me to pay the premium fee of $1225, otherwise they will reject my H-1B transfer application.

    Does it matter if my petition gets rejected, as I don't want to join company B anyway?

    Will it impact my future applications with USCIS?

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