I work for a government company. My employer doesn't want to file H1b due to financial reason and policy. And when I said I can hire the attorney and do everything with all expenses, u guys only need to help in paperwork then they seem positive. Is this possible? What are the documents I need from my employer? I think there is some fees which should be paid by employer. So in this case how can i pay that fee myself since my employer is not paying anything? How much will be the total expenses?
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Posted on 02-03-11 8:18
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Binni, you can consult with a immigration attorney since you need one as u said ur employer is not going to file your petition for u, as far as the payment concerns , you can tell them to pay and make it deduct on ur salary which should not be a big deal for u, note the point the fees should be paid by the h1b petitioner which is ur empolyer so hurry up an consult a immigration attorney n he will tell u wat the employers need to do n what u need. good luck
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Posted on 02-03-11 9:12
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Thank you Abhi...
Actually my employer is not completely sure either they will or not. They had said that they will first see what documents they need and will decide. So before consulting attorney, I want to get some ideas and want to talk with them.
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Posted on 02-03-11 9:26
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bini, its not much that ur employer has to do, just the job offer with matching with ur special profession (related wid ur us degree), may b contract for stipulated time lets say 3 years since h1 b is given for 3 yrs at a time, and employer may sign while filing the form I-907, and cheques for the stipulated amount . the petetition fee may b waived for the social type of institution, u say urs is a govt. company but not clear whether it is a state university or any other types. u can reach me at (absolute_abs2001@yahoo.com) if further i can do anythin for u .
Posted on 02-03-11 9:32
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There are few documents required from your side. You need copy of your educational degree(required US equivalence if you don't have US degree), copy of your US visa, Passport, I 94, all the I20s you had and EAD card. There are few other documents required, which should be provided by your employer. Go through following link to find out the exact requirements to fill the H1b application.
http://www.imm ihelp.com/visas/h1b/h1b-petition-documents.html (remove space between imm and ihelp above and browse :) )
Posted on 02-03-11 9:57
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Regarding paper requirement, all they require is to provide the details the lawyer will ask. These may include, 1. Information on company - number of employees, gross n net income, tax returns 2. Information on you - Position offered, Duties and responsibilities, ur personal details
Based on that the lawyer wil aply for LCA, once the lawyer obtains the LCA approval, he will send back the approved LCA to the company for signature. the lawyer will also sent other forms like I-129 (h1b application) and G-28(attorney appearance) for signatures to apply for h1b. All you company does need to do is sign, provide the employment letter (job offer letter) and send it back to the lawyer.
Regarding the fee, lawyer charge you can pay, but the USCIS charge (application fee) should be paid by employer. You cannot send the check for the application. what you can do is either pre-pay the company and tell ur company to pay for application fee.
Ask the lawyer to send you the quotation. he will send you everything needed and the fee. then you can talk with ur employer.
Posted on 02-04-11 8:49
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the employer has to pay the H1B filing fees. Rest you can pay. You cannot say that they can deduct from your salary or anything like that as according to the H1B rules, the employer HAS to pay the filing fees and that too has increased since last year. Do verify this info though.
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Posted on 02-04-11 9:33
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Yes, Pixie, that is what I am wondering. I am ready to pay myself but the policy of state is soo strict that I dont think that will agree to deduct from my salary or anything. And they don't want to pay themself. other guys out here is saying i can but i m confusining soo much.
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