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  1. #1
    Join Date
    Sep 2010
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    19,901

    Default Re: Employer Wants to Recover H1b Filing Fee from Me

    US Law only.

  2. #2
    Join Date
    May 2015
    Posts
    2

    Default Re: Employer Wants to Recover H1b Filing Fee from Me

    thanks for your response

    Reason i asked in this forum is because what i could gather from various other threads is that "employer cannot recover h1B visa fees from the employee".

    I just want information on this part being valid for all cases like mine where my company is probably going to withdraw the application when the lottery result comes out.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Employer Wants to Recover H1b Filing Fee from Me

    If you're not in the US, they aren't going to recover anything under US law. What they recover from you in India is outside the scope of this forum. If you are talking about what happens after you get selected and come to work in the US, then you are right, you are not responsible for those fees.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Employer Wants to Recover H1b Filing Fee from Me

    Whatever legal action they take in India, if they are seeking recovery of fees that they are prohibited from demanding by U.S. law you can report their violation to the Department of Labor.

  5. #5
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Employer Wants to Recover H1b Filing Fee from Me

    Some costs for H-1B filing can be legally paid by the employee. What you agreed to pay or reimburse your prospective employer should be in your contract. While you say you did not sign anything when submitting your documents, you may have done something which authorized the employer to file on your behalf. Since you were an employee of the company already, it may be in your employment documents far predating the decision to file for your H-1B.

    And expecting to be able to cancel on the date the petitions could be accepted was really stupid; the petition was prepared long before and, if done by an attorney's office, in with many others and unlikely to be retrievable on such short notice.

    Withdrawing the petition after approval still incurs all of the filing costs - and withdrawal costs too.

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