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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108704
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hello, I am currently working in CA, USA on a H1B visa.

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Hello,

I am currently working in CA, USA on a H1B visa. My current employer is going to revoke my visa by Aug 30th. So I had to look for other employers who can do an H1B visa transfer for me. I got an offer from Company A who accepted to do my H1B visa transfer. Since the company A took a very long time to process the papers and do H1B visa transfer I had to look for other employers. A company B offered me a job and was ready to apply for my H1B transfer. Now both the companies have applied for my visa transfer. I rejected company A's offer and accepted company B's offer. Now company A is asking me to refund H1B transfer filing fee.

I would like to get some advice from about the situation. As far as I know it is the employer's responsibility to take care of the H1B filing fee and not the employee's. Please advice me from a legal standpoint about the options I have.

Thanks and regards
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That is partially correct. The potential employer cannot ask you to compensate them for SOME of the fees. The fees that they cannot ask you for are:

Fraud Prevent & Detection Fee
Fraud Detection and Prevention Fee - $500
Employer Sponsorship Fee - $750 or $1500

They can ask for the following fees back:

Filing Fee - $325


So you may have to pay them back at least $325.




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Fraud Prevent & Detection Fee
Customer: replied 3 years ago.

Listed below are the fee item lines. Out of these items please let me know what he can demand as a refund.


Filing Fee due to The Department of Homeland Security - I-129 $325.00
Filing Fee due to The Department of Homeland Security - Fraud Prevention $500.00
Filing Fee due to The Department of Homeland Security - H-1B $750.00
Filing Fee due to The Department of Homeland Security - Premium Processing $1,225.00
Retainer - File an H-1B Transfer Petition $4,500.00
One-time Administrative Fee $250.00

They can ask for $325 back for the main filing fee.

They can ask for $1225 back for the Premium Processing fee.

That $250 administrative fee is not a USCIS fee and probably something internal of theirs, so that they would be able to include.

The $4500, $500, and $750 you would not normally be paying those back.


Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
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