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USCIS News: H1B and L1 $2000 Fee increase effective from Aug 14th 2010
USCIS had a conference call today to discuss the implementation of the H1B and L1 Fee increase by $2000. As most of you know, president Obama signed the fee increase into law last week Friday. The public law 111-230 signed by president will be in effect immediately. Read H1B and L1 Fee increase $2000 – details, Video .
Summary of the implementation plan by USCIS for H1B and L1 fee increase:
- H1B and L1A & L1B petitions filed on or after Aug 14th, 2010 that meets the following requirements of visa sponsor: “ Company having 50 or more employees in US and more than 50% of their employees are non-immigrant works on H1B and L1, L2 visas” will have to pay additional $2000 dollars.
- The visa fee hike applies to new H1B and L1 Petitons and transfers(transferring employers).
- USCIS is working to modify the I-129 Forms and other paperwork to facilitate the implementation of new visa fee increase public law 111-230.
- The law is in effect from August 14,2010 through September 30, 2014
- Employers have either include additional fee of $2000 if it applies to them or clearly write a document or cover letter stating why their company does not fall under the new rule. USCIS will look for this letter if there is no such letter, they will give RFE (request for evidence)
It is very unfortunate for the mid size IT companies and for big Indian IT giants like Wipro, TCS, Infosys and Cognizant. Some say it is not fair trade policy, some say Americans needs jobs and this is just a way to encourage these companies to hire more Americans to boost the US econom …. What do you think about this law ?
For more info read: Impact of H1B fee increase on Indian Companies
Reference:
Original USCIS Press release Aug 19, 2010 :
Image Credit : http://www.indianainnovationalliance.org/wp-content/uploads/2009/10/Craziest-United-States-Laws.jpg
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{ 23 comments… read them below or add one }
Hi,
Started to work on first H1B from Oct 2011 and got the H1B visa Stamping in India on Dec 2011 for Company A. On Feb 2012 Left the company because of Financial issue in the company 70% got fired. Then from March 2012 started to work with new Employer B on H1B and continue working with the Company B as Transfer of H1B from Company A to B from March 2012.
Question.
Planing to go to India this December do i need to go for H1B stamping again? ; When I went for stamping initial on Dec 2011 got it approved until 2014 May.
Note:Not sure the initial company A informed USCIS about my change of Employer or not as i did not received any info from Company A that they are reporting to USCIS.
Chatra,
IMO, you don’t need to go for stamping again as long as your previous visa stamp is still valid. You should check w/ your attorney as well.
Surabh,
In continuation of your previous reply.since I moved to Company B in march 2012 and got I797 approved from April 2012 to march 2013 through company B.Now I applied extension from company B and got approval from April 2013 to March 2016.And have H1B stamping on my passport from Company A valid until 2014 May.
Here is the Question:
Note:Going to get married this november 30th.
1)Since you have said stamping not required from Company B to enter US again after marriage(Even lawyers said same thing).Will my H4B will get approved based on my status?
Chatra,
Your spouse will have to go for H-4 visa stamping carrying your latest information. This includes employment documents, approved 797s, copy of payslips etc. Based on their review, the visa officer will approve or deny the stamping.
Dear Saurabh,
I have appeared in the interview of H1B on 15 July 2011 and my H1B got denied from the consulate after I went for the stamping at the Chennai consulate. Let me know if I can file a change of employer and again go for stamping in Hyderabad consulate for the stamping of the H1B visa. As my employer said that they will file the change of employer and I can appear in the Hyderabad consulate.let me know the possibility of getting my H11B approved in this case.
Thanks
Naveen
Naveen,
Yes, another employer can file cap-exempt petition for you and once approved you can go for H-1 stamping at another consulate. Chances of approval will depend upon your new employer’s credentials and eligibility of H-1 job.
Yes I have left the previous employer who has filed H1B petition. Wat is the process to file cap-exempt petition for me on the basis of old petition & how much time will it take to process?
Sourabh Jain,
An employer needs to file H-1 cap-exempt petition for you. They will have to submit copy of old petition to show that you have already been counted in the cap. This way you don’t need to wait until Oct 1 to start working on H-1. Processing time is 2-6 months under regular processing, and 15 calendar days under premium processing. If RFE is issued, then it can take longer.
I got H1b visa stamped on October 2008, but I didn’t travel to US once & now my H1B visa got expired. Also I have changed the employer who had earlier raised my H1B visa. Now is it possible my employer can renew my H1b petition.
Sourabh Jain,
So you have left the employer that filed the H-1 petition for you, right? The new employer can file cap-exempt petition for you on the basis of old petition. Once approved you can go for H-1 visa stamping (as your current visa stamp has expired) and then travel to US to work for that employer on H-1.
Hi,
My employer has applied for my H1b(Regular) Visa in august. and till today I have not received my petition. I was informed that the visa receipt is done a month ago. Yesterday When I verified with my dept, I got to know that they are waiting for WP approval from USCIS and its slow this time. All I have to do is wait.
Would be help if you can tell me how long does this process take for approval after receipt. Will a premium visa be advisable at this stage?
Regards,
Sanober
Yes, USCIS has been slow to adjudicate the petitions, and there have been delay of several months. My best guess is it would take 3-4 months for petitions to get processed.
Upgrading to Premium Processing is always an option, however the cost for the same is 1000 USD. If you have a business need to travel ASAP, then PP is always the recommended solution, but if you don’t have any urgency to travel, then it is still ok to wait. Unless you want to spend 1000 bucks only for your employer to tell you that you shouldn’t travel until Q2 2011.
Thanks for your response.
Hi Saurabh,
First thks for this noble cause of helping newcomers by assisting
I have payed total fees to an IT Consulting co in USA for my H1B Visa which they say that it is for guidance & assisting & counselling for filing H1B Visa as per in the agreement which they send 2 me.They say once they receive my approval they will start marketing my resume.
Well the question is becoz normally when Petition is filled by the sponser he as to submit details abut the employee abut his position,projects & offer i.e package & other documents from his end but in my case he says once petition is approved they will start marketing my resume so i m wondering during petition filing as he had already mention abut my package so if it is less than wht i expect i will be the losser so wondering once i get the approval & then the interview proceess & if shortlisted then wht will be the exact package ??
As already i payed the whole amount for the visa is it possible once i land in USA & if he asks me to sign any agreements or employment contract & package is less & if i get other sponser with good package can i transfer the job ?? Can the old sponser give me any problems for release, as i have paid the whole amount for visa as well as ticket & other expenses
Rgards
Jash
Usually in the consulting world, companies file I-129 (LCA for H1) w/ bare minimum wages. These wages are equivalent to market rates for that position and years of experience. The company then has to pay at least that much of salary to the employee. So salary quoted in LCA sets the baseline, but it doesn’t stop the company from paying more. You must have received offer letter or employment letter from your company. That should contain your exact package. But in any case, you are not legally allowed to work for salary less than what was quotes in the LCA>.
Yes, some companies do make their employee sign contract that says they will stay with the company for certain period, or else they will have to pay fine. Many such agreements are not valid in the court, as employment is at will. You will have to go through the exact contract to see what’s included and what’s not. But you can ask them now if there is any contract that needs to be signed on reaching US or not.
Let me know if you have any more questions.
Hi Saurabh,
Thks for your kind reply
I didn’t receive any kind of offer letter so far just waiting for the approval for H1B & then further process .As u have mention that even if he ask me 2 sign any employment agreement or contract which is not agreed by me once i reach usa then it is not valid in the court
Moreever in my case i have payed total visa & ticket fees & if any suitable sponser i get in usa can i go for transfer for H1B can the old sponser give me any problems. Pls help me
Rgards
Jash
If you decide not to sign the employment agreement, your employer may immediately terminate the relationship.
.
It’s better if you can ask your employer and confirm if they would ask you to sign any contract or not.
Bad Politicians and totally biased decisions. There is no proper justification for this fees increase.
Hi,
Is increased visa fees applicable to H1B Extension?
H1 extensions w/ same employer do not require any additional fees because of this law.
Wait!!! You wrote “The law is in effect from August 14,2010 through September 30, 2014″..
What do you mean??? This law that “foreign companies with more than 50% foreign workers in US have to pay extra $2,000″ will be abolished by Sep 30, 2014???
Please clarify…
At the moment, the law (fees increase as part of Border Security Bill) is set to expire on Sep 30 2014, unless US government passes an amendment to extend it.
Thanks for your reply..