Posted by: PallaGhareAntare March 10, 2008
H1-B & OPT : Things I Know
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DreamCatcher,

First thing is, the new H1 regulation requires that the employer pay all the H1 related fees. Employee cannot pay the petition fees himself. So if you are being asked to pay yourself, it's illegal. But if you and your employer still want to go ahead, it's completely upon you.

The total H1 filing fee for for regular processing is $2320 if your company has more than 26 full time employees and $1570 if less than 25. You send a check for this amount to USCIS. Everything else is legal/administrative fees that your lawyer keeps. So you can calculate if whatever you are being asked for is reasonable.

If you don't get selected in the random lottery, USCIS won't cash the check and will return to the employer, the whole application package along with the check. You should get all that money back if you are paying yourself in this case. Now whether the lawyer returns his/her legal and administrative fees is between you and your lawyer.

However, if you are selected in the lottery but your H1 is rejected or denied, you won't get anything back.

Visit USCIS web site for complete information on fees and process.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ddc8288c5c1d7110VgnVCM1000004718190aRCRD

 

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