Urgent (simple) question about Filing Fees

[satch69]

Hello wise ones,

I am applying to extend my status with the SAME employer, SAME job. In the data collection and filing fee exemption supplement, there is this question:

"Is this the second or subsequent request for an extension of stay that this petitioner has filed for this alien?"

Should I check "Yes"? And in that case, are we exempt from the 750/1500 filing fee? I.e. we only pay the I-129 petition fee?

Trying to submit this tonight so expedited responses are most appreciated.

thanks,

S

[livliv]

Doesn't your employer have a lawyer? It is their petition, you should be bothering with these details.

[wiweq]

If you are employee why are you concerned about H1b fees?

Paying h1b fees by beneficiary is illegal.

[satch69]

If you are employee why are you concerned about H1b fees?

Paying h1b fees by beneficiary is illegal.

Thanks but that doesn't answer my question. My employer is a small business and we are BOTH concerned about H1B fees.

[satch69]

Doesn't your employer have a lawyer? It is their petition, you should be bothering with these details.

We are a law firm and we've petitioned for me before, successfully, without a lawyer. What rule says I can't help my boss with preparing the petition? This is the 2nd time, hence my original query about fees. Seems pretty straightforward to me, he only submits I-129 fees coupled with a statement along the lines of:

"We are exempt from the additional fees since this is a 2nd petition to extend from the same employer. Please see enclosed a copy of the approval notice form the previous petition."

[wiweq]

"Thanks but that doesn't answer my question. My employer is a small business and we are BOTH concerned about H1B fees."

=> If your employer is unaware of H1b regulations/ laws better to refer them a lawyer. An employer unfamiliar to H1b laws can put your H1b status endanger anytime. Don't want to scar you but if your employer is too small, be prepared for more scrutiny/ RFEs. If an employer cannot pay to an immigration attorney, I doubt how they can pay salary to H1b employee/s all the time!

As livliv said, it's their property let them take care of this. Do you always take interest to take care of other's property?

[JoeF]

Thanks but that doesn't answer my question. My employer is a small business and we are BOTH concerned about H1B fees.

It is not your concern, and your employer should consult with a lawyer.

[satch69]

It is not your concern, and your employer should consult with a lawyer.

I appreciate everyone's concern. I assure you we're not violating any laws. We are a small law firm and we've had a long business relationship over several years, he will also be processing my GC soon.

All I wanted was clarification on whether or not he has to pay the $750 based on the fact that this is the 2nd petition. I'm having some trouble understanding why this answer is not forthcoming, and instead I'm getting a push to hire an attorney, or stay out of the process. Why should he pay extra when he doesn't have to?

[JoeF]

I appreciate everyone's concern. I assure you we're not violating any laws. We are a small law firm

Then you really should know better about posting such stuff on a forum.

The H1 is your employer's application, not yours. If there is an audit, any involvement from your side can cause a problem.

[satch69]

APPROVED!

I-94 and status expired on 6/8. Submitted self-prepared application on 6/15, with premium processing, and WITHOUT the $750 + $500 fees, and a letter of explanation.

Receipt date was Monday 6/18. Approval notice was emailed on Thursday, 6/21. I-94 extension granted, no need to leave country and get stamped.

Thanks to all (including the naysayers). Just goes to show that anything is possible if your company / petition is honest and legitimate. The system works!