mano8057 Posted April 3, 2013 Report Posted April 3, 2013 Hello Sir/Madam, I am curious to know how much does it cost for a company to file an H1. I am on OPT, and have used the 1st 12 months of it. I am interviewing with a company, and they said they wont pay for any visa processing fees. I discussed the possibility of me paying for that, if things go according to plans, and they are wiiling to hire me full-time. However the company is asking me details of how much it costs, and kind of paper work they will have to do. I would appreciate any feedback on this. Thanks Prasad
JoeF Posted April 3, 2013 Report Posted April 3, 2013 The company will have to pay for the H1. It is illegal for the prospective employee to pay for most of the fees. Find another employer.
omshiv Posted April 3, 2013 Report Posted April 3, 2013 firstly you as a candidate or the potential employee should not be paying for the H1B...its illegal and you and your company would be blacklisted. 2ndly it seems the company has never done a H1B sponsorship before...else they wouldnt have been asking you to find out the costs. its advisable to stay out of this and find another employer.
rahul412 Posted April 3, 2013 Report Posted April 3, 2013 Hello Sir/Madam, I am curious to know how much does it cost for a company to file an H1. I am on OPT, and have used the 1st 12 months of it. I am interviewing with a company, and they said they wont pay for any visa processing fees. I discussed the possibility of me paying for that, if things go according to plans, and they are wiiling to hire me full-time. However the company is asking me details of how much it costs, and kind of paper work they will have to do. I would appreciate any feedback on this. Thanks Prasad If a company doesn't even know how to file H1 then its better to find another employer. It's completely risk taking decision if you go with this employer.
chtummala Posted April 3, 2013 Report Posted April 3, 2013 nearly 6000$ with premium processing .. legally your employer has to pay some of those fee (from his pocket ).. but by other hand you lower your pay rate according to that fee ..
JoeF Posted April 3, 2013 Report Posted April 3, 2013 nearly 6000$ with premium processing .. legally your employer has to pay some of those fee (from his pocket ).. but by other hand you lower your pay rate according to that fee .. The company can't lower the salary to get the money back, either. The company can deduct these fees as business expenses from their taxes. Getting the money from the employee, even indirectly, would be double-dipping.
chtummala Posted April 3, 2013 Report Posted April 3, 2013 If a company doesn't even know how to file H1 then its better to find another employer. It's completely risk taking decision if you go with this employer. i agree with this but it depends on the attorney also ..
chtummala Posted April 3, 2013 Report Posted April 3, 2013 The company can't lower the salary to get the money back, either. The company can deduct these fees as business expenses from their taxes. Getting the money from the employee, even indirectly, would be double-dipping. hmm .. in this case employer does not get the money back .. he does not give that amount to the employee ..
JoeF Posted April 4, 2013 Report Posted April 4, 2013 hmm .. in this case employer does not get the money back .. he does not give that amount to the employee .. It is still illegal. The employer can not get paid directly, nor indirectly. The employer can not deduct the fees from the salary, either. All covered in 20 CFR 655.731.
JoeF Posted April 4, 2013 Report Posted April 4, 2013 Some fees can be paid by the employee. Yes, but... The employer would have to list everything in detail, to make sure that they don't ask for anything that they are not allowed to ask for. And I doubt that an employer gives copies of lawyer bills, etc. to a prospective employee... So, in practice, a decent employer pays everything. And they can deduct that as business expense, anyway. For an employer, these fees are peanuts compared to what the workplace environment usually costs.
chtummala Posted April 4, 2013 Report Posted April 4, 2013 It is still illegal. The employer can not get paid directly, nor indirectly. The employer can not deduct the fees from the salary, either. All covered in 20 CFR 655.731. i don't understand how come it is illegal if an employer offers employee a rate which is grater than PW .. and paying his expenses from his account .. ( employer does not have to include all his off line discussions )
catx Posted April 4, 2013 Report Posted April 4, 2013 A decent, reputable employer covers the H-1B visa and associated fees and expenses as a cost of employing a foreign worker. It is simply a cost of business. Otherwise they should seek out, hire, and employ an U.S. citizen or permanent resident. The intent of a H-1B visa (regardless of the current practice) is for companies to be able to hire a foreign worker with specialized knowledge or skills not readily available, and thus are willing to pay some extra costs for their employment. It is not simply an alternative staffing vehicle.
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