Legal Question in Immigration Law in Arizona

Thanks for reply,I want my h1 transfer from existing employer so I have accepted the offer letter from a new company and

they told me that they will process my H1B transfer only when I will provide them the visa fees check i.e $2000

& it will be rembushed after 18 month if they transfer my h1 visa

but they didnot transfer my h1b so I have accepted the offer letter from another company & now they are denied to return my check.


Asked on 12/06/12, 2:53 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

The only visa fee that an applicant (beneficiary-employee) is permitted to pay is the I-129 filing fee of $325 (& premium processing, if applicable). However, all other H-1B related fees must be paid by the petitioning employer.

I am not sure why they would not return the fees you essentially pre-paid if they did not file the I-129 petition on your behalf. However, you can sue them in "small claims" (municipal) court & you can also report their improper business practices to USCIS. You can also hire an attorney to write a threatening letter to them, & perhaps that would motive them enough to return your check without having to take them to court.

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Answered on 12/06/12, 3:04 pm


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