H-1B cancellation
#1
Guest
Posts: n/a
H-1B cancellation
Hi Everybody,
Is it possible to cancel a H-1B petition after it has been filed, in order to get a
refund of part of the filing costs?
Thanks in advance for your insights on this. Max
Is it possible to cancel a H-1B petition after it has been filed, in order to get a
refund of part of the filing costs?
Thanks in advance for your insights on this. Max
#2
Guest
Posts: n/a
Re: H-1B cancellation
On Tue, 16 Jul 2002 12:59:26 -0700, Max wrote:
> Hi Everybody,
>
> Is it possible to cancel a H-1B petition after it has been filed, in order to get a
> refund of part of the filing costs?
>
> Thanks in advance for your insights on this. Max
You can cancel or revoke a petition or application, but you will not get a refund.
Not even if you notify INS before the envelope is opened!
Ingo
> Hi Everybody,
>
> Is it possible to cancel a H-1B petition after it has been filed, in order to get a
> refund of part of the filing costs?
>
> Thanks in advance for your insights on this. Max
You can cancel or revoke a petition or application, but you will not get a refund.
Not even if you notify INS before the envelope is opened!
Ingo
#3
Forum Regular
Joined: Jul 2002
Posts: 54
Re: H-1B cancellation
Don't the costs for the H1B HAVE to be borne by the employer anyway?
#4
Guest
Posts: n/a
Re: H-1B cancellation
Not necessarily, it depends on your agreement with the company. My employer is a
correct guy, it's not his fault the difficulties the Industry faces at this moment,
they simply don't want to bank Visa processing in this environment and risk not
having how to recover the costs. I understand their side.
In my case I was already an employee of the company, but I had to renew the visa and
due to current economic paralysis in the Technology Sector, I had to bank from my
pockets US$ 2,000. Then I decided to leave the country and would like to know if
there's a way of getting at least a partial refund for the filing costs, but it seems
there isn't.
But I'm happy I can provide $ 1,130 to the efficient INS (my petition for renewal
hasn't been approved yet, despite of having been filed more than 100 days ago... ).
Actually $2,000 is much less than 10% of the huge amount of taxes I paid last year
and with NO rights for use of Public Health, Social Security, Unemployment
benefits, etc.
Legal Temporary Foreign workers basically have two rights here: to pay taxes and
to shut up. Illegal workers pay no taxes and overuse the Public Health system, but
it seems the US values more housekeeping/janitorial than Engineering skills.
That's life.
That's one of the reasons I'm leaving. I'm tired. Good luck.
britintx wrote in message <[email protected]>...
>Don't the costs for the H1B HAVE to be borne by the employer anyway?
correct guy, it's not his fault the difficulties the Industry faces at this moment,
they simply don't want to bank Visa processing in this environment and risk not
having how to recover the costs. I understand their side.
In my case I was already an employee of the company, but I had to renew the visa and
due to current economic paralysis in the Technology Sector, I had to bank from my
pockets US$ 2,000. Then I decided to leave the country and would like to know if
there's a way of getting at least a partial refund for the filing costs, but it seems
there isn't.
But I'm happy I can provide $ 1,130 to the efficient INS (my petition for renewal
hasn't been approved yet, despite of having been filed more than 100 days ago... ).
Actually $2,000 is much less than 10% of the huge amount of taxes I paid last year
and with NO rights for use of Public Health, Social Security, Unemployment
benefits, etc.
Legal Temporary Foreign workers basically have two rights here: to pay taxes and
to shut up. Illegal workers pay no taxes and overuse the Public Health system, but
it seems the US values more housekeeping/janitorial than Engineering skills.
That's life.
That's one of the reasons I'm leaving. I'm tired. Good luck.
britintx wrote in message <[email protected]>...
>Don't the costs for the H1B HAVE to be borne by the employer anyway?
#5
Guest
Posts: n/a
Re: H-1B cancellation
britintx wrote:
> Don't the costs for the H1B HAVE to be borne by the employer anyway?
No, except that the alien is not permitted to pay the $1000 filing fee for certain
employers. In addition, if the alien pays a filing fee, and subtracting that amount
from his annual wage would bring the wage below the prevailing wage, the DOL has
taken the position that that payment of a fee would not be allowed.
> Don't the costs for the H1B HAVE to be borne by the employer anyway?
No, except that the alien is not permitted to pay the $1000 filing fee for certain
employers. In addition, if the alien pays a filing fee, and subtracting that amount
from his annual wage would bring the wage below the prevailing wage, the DOL has
taken the position that that payment of a fee would not be allowed.