Urgent! H1b transfer withdrawal, any refund of appl. fee?

B

bestwishoh

Registered Users (C)
Dear all:

I need help regarding H1b transfer withdrawal. I just filed the H1b transfer last week and have not received the receipt notice from USCIS yet. The starting date is supposed to be next week. I have told HR that USCIS allows H1b transfer employee to start it when it's filed, but now the HR said she can not allow me to start to work before it's approved! I feel really bad now, the HR is not familiar with the H1b processing, and I am afraid she will keep her decision. :(

Generally it takes USCIS 90 days to approve the H1b, I can not wait such a long time after it has filed! Now I want to withdrawal the H1b transfer but
I have questions about the fees refund.

As USCIS has stated clearly, the current filing fee (now it is $190) of Form I-129 is not refundable.

But how about the $500 Fraud Prevention and Detection Fee and the additional fee of $750/$1500? Are they also non-refundable? Anyone has the experience to withdrawal H1b or h1b transfer?

Thanks in advance for all the responses!

I got some info. from USCIS website as below.


---------------------------------
Will CIS Refund a Filing Fee if a Petition Is Withdrawn or Revoked?

No, CIS will not refund the $130 filing fee when a petition is
revoked or withdrawn. The provisions contained in 8 CFR 103.2(a)(1)
preclude the refunding of filing fees on Form I-129 petitions in these
situations. The CIS will refund a filing fee only if the refund request
is based on CIS error or if the petition is filed subsequent to
February 17, 2004. It should be noted that H-1B cap cases filed under
the premium processing program are subject to the conditions contained
in this notice.

------------------
 
Take a copy of H1B portability rule and give to the HR to read and understand.

No fees will be refunded to you , unless it is USCIS error.


bestwishoh said:
Dear all:

I need help regarding H1b transfer withdrawal. I just filed the H1b transfer last week and have not received the receipt notice from USCIS yet. The starting date is supposed to be next week. I have told HR that USCIS allows H1b transfer employee to start it when it's filed, but now the HR said she can not allow me to start to work before it's approved! I feel really bad now, the HR is not familiar with the H1b processing, and I am afraid she will keep her decision. :(

Generally it takes USCIS 90 days to approve the H1b, I can not wait such a long time after it has filed! Now I want to withdrawal the H1b transfer but
I have questions about the fees refund.

As USCIS has stated clearly, the current filing fee (now it is $190) of Form I-129 is not refundable.

But how about the $500 Fraud Prevention and Detection Fee and the additional fee of $750/$1500? Are they also non-refundable? Anyone has the experience to withdrawal H1b or h1b transfer?

Thanks in advance for all the responses!

I got some info. from USCIS website as below.


---------------------------------
Will CIS Refund a Filing Fee if a Petition Is Withdrawn or Revoked?

No, CIS will not refund the $130 filing fee when a petition is
revoked or withdrawn. The provisions contained in 8 CFR 103.2(a)(1)
preclude the refunding of filing fees on Form I-129 petitions in these
situations. The CIS will refund a filing fee only if the refund request
is based on CIS error or if the petition is filed subsequent to
February 17, 2004. It should be noted that H-1B cap cases filed under
the premium processing program are subject to the conditions contained
in this notice.

------------------
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