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Employer asking to pay H1B fees

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  • Employer asking to pay H1B fees

    Hi,

    Here is the situation. My employer filed for H1 and I paid 2500 out of my pocket towards it. After getting my H1 I wanted to shift back to H4(I tried for a job before even I got my H1 and couldn't get through after 3 months on H1).

    I applied for a H4 Change of Status.

    Now my employer is nagging me for the remaining $2500 which I am not willing to pay.
    I do not have an SSN until now so he did not run any pay.

    How far can I get away with this? Will there be any consequences to me/my husband if I don't pay him the remaining H1 fee.

    Please suggest and Thanks.

  • #2
    Paying for H1B itself is illegal. Your employer has no right to demand any payment out of you.
    In fact, if your status was H1B for any part of the time, you have the right to demand payment as per LCA for that period. You can complain to DOL.
    If your latest status is H1B (as per the latest issued I-94 as on the H1 approval notice), by not working and not getting paid you are out of status. Change of status to any other status will not be possible. Out of status periods can also affect future applications/petitions.
    This is my opinion and not legal advice.

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    • #3
      H1B cost should be taken care by the employer. Paying for your won H1B is illegal. When you are in H1B, the employer should pay you irrespective of whether they provided you work or not. If not, you can complain to DOL and make them pay. If you have applied for a COS to H4 from H1B without payslips in H1B status, then the chances of the H4 getting approved is pretty less as you were out of status on H1B. Did you sign any documents with the employer. If yes, then do consult an attorney. If you have not, then you don't owe the employer anything. Read the below links. File a complain and make the employer pay which will reinstate your out of status period.
      https://www.immihelp.com/h1b-visa-em...int-procedure/
      https://www.immihelp.com/h1-visa-holder-rights/
      https://www.immihelp.com/h1-visa-hol...ponsibilities/
      Not a legal advice. Use of this information is strictly at your own risk.

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