who is correct? help.

G

Greentrouble

Registered Users (C)
I am transfering my H1B from company A to company B. My lawyer gave the employer an invoice including $500 Fraud Protection Fee. The company's lawyer said no need to pay $500 Fraud Protection Fee for H1 transfer case, that $500 is for New H1 application only.

Please give me some idea? which lawyer is correct? Thanks
 
Your lawyer is correct, your employer's is not. Here is the relevant section on form I-129 H1B Data Collection supplement (http://uscis.gov/graphics/formsfee/forms/files/I-129.pdf), page 11:

NOTE: On or after March 8, 2005, a U.S. employer seeking initial approval of H-1B or L nonimmigrant status for a beneficiary, or seeking approval to employ an H-1B or L nonimmigrant currently working for another U.S. employer, must submit an additional $500 fee. This additional $500 Fraud Prevention and Detection fee was mandated by the provisions of the H-1B Visa Reform Act of 2004. There is no exemption from this fee.
 
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