mallu2u

Folks,

My employer does not want to hire a lawyer for doing the H1B due to costs. Has anyone applied for H1B themselves? I want to make sure that my H1B is approved and therefore want to do it carefully. Please advice.

Thanks.

factorus

Yes not all employers have immigration lawyers on retainer, all you need to do is find one in your area and find out the costs involved for doing the h1b paperwork, and infrom your employer that you have an attornety on retainer, your lawyer would probably call hr get them to fax documents etc and do all the things needed to send it the application. Its quite simple.

mallu2u

I would like to avoid the fees for lawyers since I need to do premium processing as well and it would cost me a lot to have a lawyer do that for me since the company would not pay for anything...

Ingo Pakleppa

Trying to save money by cutting out a lawyer can be a very expensive
proposition. I have done it, and had to redo my H-1B three times before it
was approved. Now that was back when the fee was around $100, not around
$2000. So the damage was relatively limited.

If you make a minor mistake in your filing and have to refile the H-1B,
your expense will be much higher than the lawyer's fee would have been
(lawyers usually charge between $1000 and $2000).

Also, your subsequent post indicated that you plan on using premium
processing. Do keep in mind that premium processing really only makes
sense with a lawyer. True, BCIS still promises to decide your case in 15
days. However, if you use a lawyer, they also allow communication about
questions and status inquiries by email. Individuals cannot use that,
though. It can be very important because if there is a minor question to
be addressed, BCIS will either fire off an email to the lawyer and then
render a decision right away - or they will send you an RFE by snail mail
and take 90 days.

So - do yourself a favor and hire a competent lawyer. It really is cheaper
that way.

On Thu, 17 Jul 2003 15:31:20 +0000, mallu2u wrote:

    > Folks,
    >
    > My employer does not want to hire a lawyer for doing the H1B due to
    > costs. Has anyone applied for H1B themselves? I want to make sure that
    > my H1B is approved and therefore want to do it carefully. Please advice.
    >
    > Thanks.

--
Remember, I am strictly a layperson without any legal training. I encourage
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Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

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Vestalka

I am doing it right now without a lawyer. It took me several months of research to finally feel that I am ready to apply and am doing things correctly. I am doing premium processing anyway, so the answer will arrive within the next three weeks (I have not sent it out yet). Basically, if you still decide to do it yourself, make sure you put a lot of time into research and never ever do it in a hurry - you will be bound to miss something. I had to ask my boss to sign the papers several times because I kept noticing small errors. At this point, I think I am ready to finally send it out. And make sure to check the website for the service center you are sending stuff to - they usually post guidelines on how to put the application together, what to write on the envelope and so on. Good luck!

kamran

I would never recommend anyone to do things himself these days.
Dont think about the money but think about getting the things done specailly in current scenario when lots of H1 are getting refused.

factorus

an immigration attorney is the best thing u could do for this purpose, there is a lot of things you and a person who does not have any legal background will not know of invovled in doing the paperwork, most of us here who are replying to your thread probably learnt of some of the rules regulations and tricks and form numbers only after going through a lawyer and picking up some info, once you receive your h1b papers if you go through a lawyer you will be in a better position to understand some of the legal stuff as you would have copies of petitions, forms etc that sorta thing, how ever doing this yourself definatly invites the propects of trouble as there are bound to be mistakes made, ultimately the desicion is yours of course to do it yourself or to seek a laywer, a lawyer would probably cost you approx $1000 dollars depending on region, the premium processing fee is anohter 1000 dollars, the ins filing fee is 1100 i belive which a company pays. Most of us here would recommend a lawyer just so its quick and u dont have any worries. Good luck!

Vestalka

I actually consulted a lawyer before I went ahead with the process. I am not sure if I learnt anything I did not already know, but I definitely gave me some peace of mind for $100. I am in exactly the same situation as the author of this thread - my employer does not want to pay a penny. Even the $1130. I know they are supposed to, but I would not get hired if I did not agree to pay that myself. They wrote a company check, but I will pay them back later.

Ingo Pakleppa

Do be aware that you are breaking the law. You are allowed to reimburse
them $130, but the employer must not under any circumstances seek
reimbursement for the $1000.

On Mon, 21 Jul 2003 14:52:10 +0000, Vestalka wrote:

    >
    > I actually consulted a lawyer before I went ahead with the process. I am
    > not sure if I learnt anything I did not already know, but I definitely
    > gave me some peace of mind for $100. I am in exactly the same
    > situation as the author of this thread - my employer does not want to
    > pay a penny. Even the $1130. I know they are supposed to, but I would
    > not get hired if I did not agree to pay that myself. They wrote a
    > company check, but I will pay them back later.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Vestalka

Ingo, I know about the law. It does not matter to me. I wish they paid all the fees for me, but if I have to break a minor law to keep the job, I will certainly do it. Especially since there is no way it can ever be discovered.

Ingo Pakleppa

Breaking the law has a nasty way of getting discovered at the most
inconvenient times. Fortunately for you, it is primarily THEM who are
breaking the law, and you could even - theoretically - report them to
Department of Labor and force them to pay the $1000. I'm saying
theoretically because in practice, they would probably fire you for that
(and get into more trouble for firing you, since that would be illegal
retaliation).

Personally, my recommendation is that you cooperate with them for now, but
then find yourself a different job as soon as you can.

On Mon, 21 Jul 2003 21:04:55 +0000, Vestalka wrote:


    > Ingo, I know about the law. It does not matter to me. I wish they paid
    > all the fees for me, but if I have to break a minor law to keep the job,
    > I will certainly do it. Especially since there is no way it can ever be
    > discovered.

--
Remember, I am strictly a layperson without any legal training. I encourage
everybody to seek competent legal counsel rather than relying on usenet
newsgroups.

Please support H.R. 539 and H.R. 832. More information at
http://www.kkeane.com/lobbyspousal-faq.shtml

Please visit my new FAQ at http://www.kkeane.com (always under construction)

My email address in usenet posts is now invalid for spam protection. See
my Web site for information on how to contact me.

Please feel free to enjoy some of my photographs at my new Web site
http://www.ingopakleppa.com ! Comments are welcome.

Manish

*** If you have I-129 and the supporting documents that were prepared by lawyer for filling of your H1 then get the copy from lawyer/employer if job duty or skills are same it will help you to prepare the package. I know many employer HR directly file for H1 extension or H1 transfer without the help of lawyer, they know what lawyers wrote

Documents needed for H1 extension

1.Send the I-129 form and H supplement
2. I-129 W.
3. Letter from petitioner
4. LCA copy.
5. Ur I-94 s
6. All I-797
7. Recent pay stubs
8. Evidence of qualifications
9. Filing fee
10. Copy of visa stamps or your passport pages

For spouse
1. I-539
2. Copy of dependent's I-94, I797 and visa stamped pages of passport and page that shows, pp issue date, complete name, photograph, DOB, date of expiry of PP

Jonathan McNeil Wong

Ingo Pakleppa wrote:
> Do be aware that you are breaking the law. You are allowed to
> reimburse them $130, but the employer must not under any
> circumstances seek reimbursement for the $1000.
>
> On Mon, 21 Jul 2003 14:52:10 +0000, Vestalka wrote:
>
>
>> I actually consulted a lawyer before I went ahead with the process.
>> I am not sure if I learnt anything I did not already know, but I
>> definitely gave me some peace of mind for $100. I am in exactly
>> the same situation as the author of this thread - my employer does
>> not want to pay a penny. Even the $1130. I know they are supposed
>> to, but I would not get hired if I did not agree to pay that
>> myself. They wrote a company check, but I will pay them back later.
>>
>

Actually, it's the employer who is breaking the law. As I read the
regulation (and as interpreted by ISD), the employee does not violate
the law by paying the ACWIA fee, but the employer violates the law by
not paying the ACWIA fee.

--

Above intended as general commentary, not legal advice.
Your mileage may vary.

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Donahue Gallagher Woods LLP Facsimile: 510-832-1486
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================================================== =============

Vestalka

My H1B that I did myself got approved!! In just 3 days (premium processing). I have just found out.