employer should pay?

[edwin_dummy]

just want to ask if the check that we issue to USCIS
should come from employer?

i mean if you pay for your GC, you pay your employer then
employer pays USCIS

is there such a rule for GC?

 

[Jackolantern]

The I-485 belongs to the employee, and the employer doesn't have to pay for it or anything following from it (EAD and AP). But some employers choose to pay for it.

This is the I-485 section so I assumed you're asking about the I-485. For parts of the GC process before the I-485, there are some things the employer has to pay for (and is not allowed to be reimbursed by the employee), and other parts that either party can pay, either directly or via reimbursement.

 

[edwin_dummy]

thanks for the reply..

i paid for both my i-140 and i-485 forms.. i issued a check payable to DHS...

my concern is more of if USCIS will deny my application because of this..

i have read that USCIS has a rule on H visa application application that employer should pay.. not sure if this is applicble to GC application, i-140 and i-485 in particular..

 

[Jackolantern]

i paid for both my i-140 and i-485 forms.. i issued a check payable to DHS...

If they cashed the check and sent back the receipt, you should be OK ... I don't know of them rejecting applications for that reason after taking the money. If anything they'll penalize the employer or you can sue the employer to get the money back.

 

[heresmine]

youre okay

The only thing that the USCIS requires the employer to pay for is the retraining fee associated with the H1B application. I have paid for everything else to this point and I am one long form birth certificate away from my GC.