Query on Transfer of Visa from H4 to H1

Y

yrod_enna

New Member
Im currently holding an H4 visa and found a possible employer who's willing to sponsor me. I dont have enough info of what proper documents to submit the lawyer. I actually volunteered that Im willing to shoulder the expenses specifically legal & immigration fees. I just want to know what to require the sponsoring employer before I seek legal advice...aside from the employer's letter of employment. Aything else?

I would appreciate all info & suggestions. Thanks! =)
 
yrod_enna said:
Im currently holding an H4 visa and found a possible employer who's willing to sponsor me.
as the employer need to file COS( change of status) from H4 to H1B, make sure that once he gets H1 for you approved and you start working he need to pay you minimum what is written on LCA, no bench or table is allowed, if you just want to file H1 from H4 and employer is going to look for job for you with some other company and unable to find a job for you then you may be out of status if he does not pay you and may also face problems for Visa stamping in future
I dont have enough info of what proper documents to submit the lawyer.
--- ask the lawyer he will give you a list
I actually volunteered that Im willing to shoulder the expenses specifically legal & immigration fees.
---- That is illegal the employer has to pay the USCIS fees for H1
I just want to know what to require the sponsoring employer before I seek legal advice...aside from the employer's letter of employment. Aything else?
---- your all education certificates, resume, educatinal evaluation done in US, past Exp letters, passport copy, valid I-94 copy both the sides, employer or lawyer has to get LCA for you from DOL that will be filed with H1 papers to USCIS, your lawyer will let you know if he needs any other documents from your side, employer has to sign other paper work and he should know what is needed if he has H1 done in past
I would appreciate all info & suggestions. Thanks! =)
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Ginnu: I am unaware of the law which requires that the employers must pay for the H1B processing fees. Could you cite us a reference.
 
Raj1994 said:
Ginnu: I am unaware of the law which requires that the employers must pay for the H1B processing fees. Could you cite us a reference.
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http://www.murthy.com/h1bwrkr.html

Additional $500 Filing Fee from December 1, 1998. The law also imposes an additional fee of $500 per H1B petition, which became effective December 1, 1998, to be used to fund scholarship and training programs for U.S. workers as well as the U.S. Department of Labor expenditures. Colleges, universities, and non-profit research organizations are not required to pay this $500 fee. The fee applies to new petitions, first petition for extension, and petitions for new or concurrent employment. It is not required for amendments that do not request extensions. It is illegal to require the employee to reimburse the employer for this $500 fee. The law also states that the employer will be subject to a $1,000 penalty if the H1B Beneficiary pays the $500 fee.

Have not obtained the specific quote(Section#, Clause# etc.) as per US Immigration Law.
 
Actually that is old news. The $500 training fee was increased to $1000, and that expired on September 30, 2003 (these are not related to premium processing which is separate).

Right now, there is no training fee required. Only fee is $185 (plus $1000 if premium processing is needed). My understanding is that either the employee or the employer could pay the $185 fees and/or the $1000 premium processing fees. I have known of many many cases where the employee made the payment (although I would prefer that the employer is required to pay the filing fees). So if the law requires the employer to pay the filing fees, then I would like to know that.
 
I realize that you were merely reporting what you found and thats fine. But the problem is not that its old news, but it is false news at the present time.

The murthy.com articles should have a date mentioned in the articles itself, as otherwise people reading them could infer outdated (possibly false) information due to the ever changing nature of the laws.
 
Raj1994 said:
Ginnu: I am unaware of the law which requires that the employers must pay for the H1B processing fees.
--- who is going to file the H1 petition with USCIS? who needs the services of Forign worker? it is Employer who has to pay the USCIS fees and sign the LCA and the form I-129, by law employer has to pay the USCIS fees or if he hires lawyer to file the petition he has to pay the lawyer
Could you cite us a reference
-- search the H1B law
.
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