some

I got a job offer from a U.S. university. They applied for a H1B for me. Mistake is they asked me for the H1-B fees(500$, 320$ and 1000$ for premium processing) and I gave them checks made payable to USCIS and USCIS encashed it.

Now, USCIS is complaining that is wrong(employer should pay fees(500$,320$) and not the candidate) and is not willing to refund me the fees also(1000, 500,320).

Do you know how can I(or the university) fix this?

The person who filed it for the university was doing it for the first time so did not know that. The person who used to do that had left the campus.

What are the chances my petition will be approved?

What would be an advisable step now?

Thanks

ian-mstm

USCIS never refunds money.


Yes... have the university refile your H-1B application and have them pay the fees. You, unfortunately, are out $1,820.


Until USCIS actually accepts your application, nothing will happen. If they eventually accept your application, you should be okay since universities are cap-exempt.

Ian

some

Thanks for your reply.
Not quite, if they refuse a H1-B petition they return the filing fees, atleast that's what they claim. If there is an attempt to hoodwink them, like if same employer submits multiple petition for a person to increase his chances of getting through the lottery, then USCIS will confiscate the fees. My case is somewhat weird.

Well, they accepted my application since they have cashed in the checks and are pointing problems in the petition.

Thanks for your aid and time.

christmasoompa

Where do they claim that? I thought they didn't refund the money if the application is denied - which is fair enough, as they've still had to process the application.

malj

I was under the impression that the only fee USCIS will refund is the premium processing fee if a case is not adjudcated within the 15 day premium processing window - not the filing fees, background check fee etc.

John Manley

If there is a problem with the fees, USCIS returns the entire application. If they have accepted the application, then they have accepted the fees.

Have your checks been cashed? Ask your bank for the returned checks. Sometimes, the checks will have the USCIS receipt #s written on the back.

You should call the customer service # at USCIS [(800) 375-5283]. Ask the representative to route you to a tier 2 USCIS officer. Work this issue out with them. H-1B fees are high. You should not roll over on this issue. If your University uses an attorney, he/she could also email the Service Center and resolve it this way as well.

some

I am not an immigration lawyer, but the below link mentions that.
http://www.murthy.com/nflash/nf_060106.html
There is a section Random Selection which states "Cases received on May 26th will be selected for cap numbers on a computer-generated basis. Those cases that are not randomly selected will be rejected and returned along with the filing fees."

If your case is not selected in the lottery cap, it seems they refund the fees.
The below link substantiates that

http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

On the other hand, you are right, normally USCIS does not refund fees as mentioned in the following link

http://www.uscis.gov/portal/site/usc...00d1f1d6a1RCRD

some

Yes, you are right, they refund the premium processing fee in that situation.

USCIS will also refund the filing and other fees if your H1-B petition is denied because it did not come in the lottery, if you are applying for a position subject to cap as mentioned below.
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

An excerpt from the link "USCIS will reject and return the filing fee(s) for all cap-subject H-1B petitions that are not selected in the process described above."

some

Thanks for the reply.

Yes, USCIS cashed the checks which I came to know from the bank's site which had an image of the checks.

How do I reach a live person? It always gives me the automated voice response system. I tried option 0, option 9, but that did not work.
Can I directly request them(if I manage to get hold of a person) to route me to a tier 2 USCIS officer, though I am not the employer and just the candidate?

What is the email address of Texas Service Center? I had a hard time finding it on the Texas Service Center page
http://www.uscis.gov/portal/site/usc...0048f3d6a1RCRD


The link at http://murthyforum.atinfopop.com/4/O...1&m=9381013951
states

/////////////////////////////////////////////////////////////////

There are 3 component fees.
1. Filing Fee: $320 (Almost double the amount from last year. Before July 07 the fees was $190).
2. American Competitiveness and Workforce Improvement Act (ACWIA) Fee: $750 (If total employees is < 25) $1500 (Otherwise) (No Change post July 07)
3. Fraud Prevention Fee: $500 (No Change post July 07)

EMPLOYER CAN CHARGE AN EMPLOYEE FOR FILING UNDER FOLLOWING CONDITIONS
1. The amount SHOULD be deducted from employee's pay and should be shown on the paystub.
2. Employee should explicitly agree to the deduction.
3. Deductions, CANNOT under ANY circumstance include ACWIA Fee.
4. Deductions CAN include Filing and FP Fees.
5. Deductions CAN include Lawyer Fees.
6. Deductions CAN include Credentials Eval. charges, provided that the employee is provided a copy of the eval. report.
Finally,
7. Salary - Deductions >= Pre. Wages.

/////////////////////////////////////////////////////////

How accurate do you think it is?

Thanks for your aid and time.

christmasoompa

But that is not applicable to your situation? Those are refunds because the application has not passed the normal 'lottery' selection process, but that is not happening this year as there are much fewer applications than normal.

So if yours were rejected, it would be for another reason as the cap has not been reached and you would not be eligible for a refund surely?

John Manley

The Customer Service # is infuriating. You basically have to choose any option that will get you to a live person. They seem to change the options from time to time.

When TSC Premium Processing contacted you originally, did they not leave you a fax, phone #, or email address? The best option would be to speak to them. After all, you are paying $1000 extra for expedited service. I do not deal with TSC often. However, I will try to get some contact information there for you.

SusanPai

The first question is "Was the H-1B petition accepted by USCIS?" If USCIS has cashed the beneficiary's checks, that is a good indication it has been accepted. If the back of the cashed checks show a receipt number (e.g., EAC-01-234-56789), then it would appear USCIS has accepted the application for processing (i.e., it has not been rejected and therefore a traditional "return" of the filing fees along with the rejected application does not apply).

So, the second question is, "Is the accepted H-1B petition deficient or incomplete?" If USCIS issued a Request for Initial or Further Evidence asking that certain filing fees be paid by the Employer then it would appear USCIS is requesting that the employer pay the mandated fees (see below) in order to make the accepted application approvable and/or complete.

The final question is, "Will the Beneficiary be entitled to a refund of the duplicate fees s/he mistakenly paid?" Once USCIS accepts and cashes the replacement checks issued by the Employer, the Beneficiary can make a refund request of USCIS. However, this may take quite a long time. I would not waste my time trying to call USCIS. I would send a letter after my H-1B was approved documenting why I am entitled to a refund of the duplicative fees. USCIS has refunded fees in the past (in the form of treasury checks issued by USCIS - Office of Financial Management).

Bottom Line: Submit the replacement employer checks asap. Once the H-1B is approved or the replacement checks are cashed (I prefer the former not the latter), write a letter documenting why a refund should be issued, to whom, and for what amount (include copies of the front and backs of all relevant checks).

Sit tight: It will be a LONG TIME before you get that money back.

The Upside: I would consider this a situation much preferred over an outright rejection. Your application sounds like it has been accepted and therefore in line for an H-1B visa slot. If it was rejected and you resubmitted after all the H-1B visa numbers were used up, you would have no chance of getting an H-1B visa. In accepting the deficient/incomplete application, it sounds to me like USCIS just did you a good one. BTW - it may be that USCIS had to hold the fees provided by the Beneficiary (as if they were "in trust") in order to be able to accept (vs. reject) the petition and hold an H-1B visa number until the Employer submits the appropriate fees.

--------------------------------------------------------------------------

Filing Fees Will NOT be refunded on Cap Exempt H-1Bs Adjudicated as Cap-Subject - As of March 24, 2008, 73 FR 15389 states if an H-1B application is submitted as cap-exempt but is adjudicated as cap-subject by USCIS, the USCIS will not refund any of the fees submitted ($320 I-129 fee, $500 fraud detection fee, and $1,000 premium processing fee).

An Employer is Prohibited from Filing Multiple Cap-Subject H-1B Applications for the Same Individual - A single employer may not file multiple H-1B cap-subject petitions on behalf of the same individual. In the unusual event that an employer extends two materially distinct job offers to one individual, once the H-1B number has been allocated for one H-1B petition, the employer is able to file an amended petition or a petition for concurrent employment to reflect the different nature of the duties that are associated with the second employment position. 73 FR 15389, INA §214(g)(7), 8 U.S.C. 1184(g)(7).

Duplicative H-1B Petitions are Prohibited - Often, an individual believes he or she may accept more than one position in order to increase his or her chances of being allocated an H-1B number. Although there are some limited instances where multiple employers (e.g., parent and subsidiary) may file multiple applications for the same individual, doing so may result in an RFE, or a notice of intent to revoke or deny. In cases where USCIS does not discover that duplicative or multiple petitions were filed until after approving them, this rule also provides that USCIS may revoke all such petitions as long as they were approved after March 24, 2008.

So, unless it falls within the narrow exception described above, the USCIS will either deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund filing fees for duplicative or multiple H-1B petitions.

Rejected vs. Denied - H-1B cap-subject applications that are "lottery losers" will be returned as "rejected" (vs. "denied" after adjudication). Where there is no adjudication, the petition itself along with all fees will be returned to the petitioner. Where the USCIS has processed the H-1B petition and denies the application for an H-1B, processing has occurred (notwithstanding the denial)and therefore the filing fees will not be returned.

John Manley

Here are a couple of ways you can try to contact TSC Premium Processing:
1. "If you have already filed a Request for Premium Processing Service and you need to contact the Service Center, call the Premium Processing Toll Free phone number at 1-866-315-5718. You will need to have your receipt number when you call, because this phone number is only for inquiries relating to Premium Processing Service."
As I mentioned before, you might be able to get the receipt #s from the back of the cancelled checks. They may require the employer to call in, but you can always try it first on your own.

2. [email protected]

I have not recently contacted TSC and cannot verify this contact information. They do at times change phone #s and/or email addresses. The information should work, however. I hope this will allow you to resolve the issue.

some

Yes, my case is bizarre. I have to grapple with USCIS as John wisely suggested and see if I can get a refund.

some

Thanks John,

They did not contact me, perhaps the university immigration official. I will check if they have found out anything.

Thanks for your time and advice.