Guestbook Entry for Ashok , United States
Name
Ashok
Country
United States
State
Michigan
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USCIS Changes Filing Location for Form I-907 for Pending Form I-140
Release Date
U.S. Citizenship and Immigration Services will begin transitioning the filing location for Form I-907, Request for Premium Processing, when filed for a pending Form I-140, Immigrant Petition for Alien Workers, from the service centers to appropriate USCIS lockboxes on Dec. 15.
Employee paying for green card and H-1B premium costs and Using an old H-1B visa stamp of a different employer
Question details
Question 1
1. Is it legal for an employee to pay all the expenses of a green card (eb2 / eb3), such as cost of attorney, pwd, recruitment, perm, I140 premium, I485, etc.?
2. Is it legal for employee to pay the cost of h1b premium transfer?
Question 2
My question is related to H1B stamping.
I have a stamped visa till April 2024 from my previous company.
I have a new I-797 from my current company.
Do I still have to go for Visa Stamping if I visit India in December 2023.
FAQ Transcript
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.
I first time contacted Rajiv in January 2007 by sending my CV and asked his opinion about EB1 success.
He called me next day and said that you have 50-50 chance to get EB1 approval. Immediately, we started working and in April 2007 we filed the I-140.
Since it was premier processing we got the RFE in 10 days, i was disappointed and Rajiv convinced me not to worry we will take care of it.
Both Rajiv and his team composed of Diane worked with me to collect more evidence and response the RFE in August 07, and Approval came in Sept 07.
Then they filed I-485 in Oct 2008, and Approval came today.
In summary, i would recommend all my friend and relative to hire Rajiv 's services for immigration purpose. I had an excellent working experience with his team and most importantly very nominal charges.
Thanks Rajiv and Diane for bringing freedom in my life.
GOOD JOB