LCA Legal fee Liability

[daliangaurav]

Hello,
I am in an urgent need of advice to face an employer.

I am currently working for Company A. Company B interviewed and offered me a new job and agreed to file H1-B and GC just before the shutdown.
I accepted the offer and sent all the required paperwork. But,due to shutdown the process was not started.

After 1 week of government reopen, I asked Company B that I see an issue that I will not qualify for EB2 category (in which my current GC is in) and if this cannot resolve, I would not want to join Company B. After a lot of discussion, I said no to the offer.

Now, Company B is coming back and asking for the legal fee of $2200 for LCA filing. Initially, they were asking for remittance of H1-b filing, but, I notified them that this is illegal.

My question is, am I liable to pay them $2200 legal fee for the LCA process? Is it not the employer who bears this cost?

Thanks.

 

[Britsimon]

Hello,
I am in an urgent need of advice to face an employer.

I am currently working for Company A. Company B interviewed and offered me a new job and agreed to file H1-B and GC just before the shutdown.
I accepted the offer and sent all the required paperwork. But,due to shutdown the process was not started.

After 1 week of government reopen, I asked Company B that I see an issue that I will not qualify for EB2 category (in which my current GC is in) and if this cannot resolve, I would not want to join Company B. After a lot of discussion, I said no to the offer.

Now, Company B is coming back and asking for the legal fee of $2200 for LCA filing. Initially, they were asking for remittance of H1-b filing, but, I notified them that this is illegal.

My question is, am I liable to pay them $2200 legal fee for the LCA process? Is it not the employer who bears this cost?

Thanks.

The employer is responsible for those costs. If they give you any trouble then explain that you will forward their demands for money to USCIS to get their opinion on whether you should pay or not. I suspect you would find they go silent pretty quickly!