Answer 1: Employees cannot legally pay for green card expenses, H-1B fees, or premium processing associated with PERM. For the green card process, the employer must cover all costs. In the case of the I-140 stage, the employer should pay, especially if the employee is on H-1B. However, for the I-485 stage, the employee can pay.
Regarding H-1B, the employer should generally cover all expenses, except for premium processing. If premium processing is for the employee's benefit and the employer opts not to pay, the employee can choose to cover the cost. If premium processing is for the employer's convenience, the employer must pay.
In summary:
Green Card (PERM): Employer must pay; employee cannot.
I-140 stage: Employer should pay, especially for H-1B holders.
I-485 stage: Employee can pay.
H-1B expenses: Employer should pay, except for premium processing.
Premium processing: Employee can pay if for their benefit; otherwise, employer must pay.
Answer 2: Additionally, an employee with an old H-1B stamp from a previous employer can use it for a different employer. There's no need for new visa stamping if there's a new approval notice. Traveling on the old stamp with the new approval is permissible.
Dear All,
I want to inform the full story of my GC Episode. I am writing this on Sep-22-2004.
I was planning to apply for my GC during 2001 March. I was visiting many Attorneys office personally in Houston and through phone. I found out that, Attorney Rajiv S.Khanna was collecting the decent fees among all.
Then I checked his reputation. It was amazing. So, I contacted him through email.
Within 24 hours, with free of cost he talked to me. Listened my case and suggested me to apply through EB1 (OR).
I chosen him and his office gave me case number and opened a file for me. Then they assigned me to interact with one of Attorney’s Associates Ms.Diane D Lombardo. A Wonderful lady.
She walked through with me for the entire case (around 3 years). I could have asked at least 100 questions in my full three years, because my case was getting complicated. I lost my Job before I140 approval. I am a software engineer, so it is not a surprise for me. But, INS cannot understand that. I thought I lost my GC almost. But, Diane in continuous consultations with Attorney Rajiv rescued me from the deep problem. My sincere thanks to her.
Next Thankful person is Mathew Chaco. He also one of Attorney’s Associates. Great Person. Free to approach and also fast in responses. When my Finger Printing was not raised by INS. I approached him. He arranged for a talk to INS from Attorney office immediately. Within 30 days I got FP from INS. While many of my contemporary GC candidates are yet to get FP, I got it because of him and my GC also approved within 2 months after FP.
Next thankful Person is Ms.Suman. Over all supervisor. She talked to me several occasions. She is always to the point. If you approach for any issues. She will inform you the time for the reply. Exactly within the mentioned time (after the discussion with Attorney Rajiv or some times she arranged Attorney to talk to me) she will always reply with the possible positive answer.
All these questions I raised with them are free. Because I am a client for them.
Their office people also having excellent hospitality. Polite in answering and approachable.
BASED ON MY OWN EXPERIENCE, ATTORNEY RAJIV AND HIS ASSOCIATES ARE THE BEST LAWYER FOR IMMIGRATION RELATED PURPOSE IN USA.
Email me if you have any questions.
Good Luck.