h1 stamping - appt letter says h1 fees will be paid for by me and not by my employer

V

vb2012

Registered Users (C)
Hi Mr. Khanna & everyone on this forum,

I had some questions regarding H1 stamping.

I came to the US in 2000 on F-1 visa and completed M.S. in 2002, worked on OPT till 2003 and subsequently got an H-1B approval notice in Aug 2003(which I paid for thru my lawyer - that was the deal we had made when I got hired).

Now, I need to get the H1-B visa stamp on my passport as I want to travel to India later this year and return back to my job, apt and car in the US.

1. My employer on my appointment letter specifically mentions that he will not pay for the H1-B visa procurement fees. Will this create any problems while at the interview? So instead of using my original appointment letter, should I get a separate letter from my employer that includes my job details, salary details etc and show that to the consulate when they ask for employer letter?

2. I have heard of people who have shifted from F-1 to H1 visas getting rejected in Mumbai - is that true? Has anyone had this experience?

3. Is going to Canada a good option to stamp the H1-B visa especially if you were on F-1 and are moving to H1? I have some relatives to visit there anyways and I could get it done there.

4. My employer has been very good to me - I got a 10% raise in pay in the first 6 months and am expecting another raise next month when I complete 1 yr. So my paystubs should be showing more income than what I have mentioned in my H1-B petition. Would this information be useful during the interview?

I am particularly paranoid about applying at the consulate in Mumbai as I had got rejected the first time I applied for the F-1 visa and my wife had also got rejected when she applied for F-2 visa in 2002.


Any advice would be useful.

Thanks,

vb2012
 
1. My employer on my appointment letter specifically mentions that he will not pay for the H1-B visa procurement fees. Will this create any problems while at the interview?
----- YES by law H1b employer has to pay USCIS fees for H1b
2. So instead of using my original appointment letter, should I get a separate letter from my employer that includes my job details, salary details etc and show that to the consulate when they ask for employer letter?
----- Better get a new recent letter ( and nothing should be mentioned about H1B petition fees or H1b fees)

2. I have heard of people who have shifted from F-1 to H1 visas getting rejected in Mumbai - is that true? Has anyone had this experience?
----- You cant generalize this, every case is different, if in confusion better get a letter from your lawyer and he will cite the law/regulation sections that you are eligible to get H1b visa stamp. Many us consulate officers are not update with recent changes in law. Yes Mumbai is creating problems for H4 and H1b, I read few posts that a lady officer at Mumbai is creating more problems
3. Is going to Canada a good option to stamp the H1-B visa especially if you were on F-1 and are moving to H1? I have some relatives to visit there anyways and I could get it done there.
---- you can try H1 visa stamp in Canada and many have got it. Remember if Visa is refused from Canada US consulate you cannot enter USA from Canada and be ready to fly India directly from Canada

4. My employer has been very good to me - I got a 10% raise in pay in the first 6 months and am expecting another raise next month when I complete 1 yr. So my pay stubs should be showing more income than what I have mentioned in my H1-B petition. Would this information be useful during the interview?
----- it is OK, they just want the salary to be matched with LCA or it can be more than that.
I am particularly paranoid about applying at the consulate in Mumbai as I had got rejected the first time I applied for the F-1 visa and my wife had also got rejected when she applied for F-2 visa in 2002.

---- You have to make a decision
 
1. My employer on my appointment letter specifically mentions that he will not pay for the H1-B visa procurement fees. Will this create any problems while at the interview?

Hi ginnu
Correct me if i am wrong the wording says "H1-B visa procurement fees" i think the employer is not obligated to pay the VISA fee. I know by law they are required to pay for the H1-B petition

thanks
 
By law employer is required to pay for H-1b petition ... nowhere has it been mentioned they have to pay for the visa fee too???
 
pashwin is correct, employer by law is not required to pay for Visa stamp fees. if he pays good if he does not pay you have to pay Visa stamp fees.
 
Thanks ginnu,

To clear everybody's doubt, By the H1 visa procurement fee, I meant the cost of the approval notice viz. payment made by my lawyer for the H1 petition + lawyers fees.

Ginnu,

Will I need a fresh letter from my employer addressed to me that includes my pay, benefits, position(without the H1 cost implication) or will the letter be addressing the US consulate?

Thanks,

vb
 
vb2012

Emloyer is suppose to pay for H1-B. Get a new letter from empoyer before you go to consulate.
 
the letter can be addresed to consulate or To Whom It May Concern

This is to certify that XYZ is working with us on H1B status, his skills..... his job titleis... he is being paid XXX yeary... your HR or employer can draft the letter( no mention of H1B petition fees or H1b visa stamping fees is needed on the letter and letter should be with recent date
 
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