H1B payment

[jing2]

Hello,

I've asked he H1B employer who filed for my H1 in 2008, to withdraw my H1 petition from the USCIS as I do not want to work on H1 now due to bad market situation.
I've paid for my H1. Is there any chance of getting full or part of my money back from the H1 employer ?

What should I do ? I know in the forum at many places you have mentioned to complain the DOL using WH4 form. An attorney says, DOL looks after wages / salary issues and might not take the H1 fees issue seriously, though it depends mostly on the DOL officer and how strict the laws of the state are.

Please shed some light on this issue.

Thank you for your time.

[hikes]

Yes, you should be able to complain to the DOL. They do take care of this.
Paying for H1 is illegal.
There are many people in this forum who have paid and are now suffering.

[kabkaba]

You can complain about unpaid salary not about recovering illegal (equivalent to bribe) amount that you paid. And even if it were legal the employer must have paid most part of this to USCIS and attorneys, leaving some profit, so he cannot return it anyway.
If employer withdraws petition you are out of status, or even may be illegally present in the US, be aware of this.

[orion]

You can complain about unpaid salary not about recovering illegal (equivalent to bribe) amount that you paid. And even if it were legal the employer must have paid most part of this to USCIS and attorneys, leaving some profit, so he cannot return it anyway.
If employer withdraws petition you are out of status, or even may be illegally present in the US, be aware of this.

This is not the right approach to thinking about this. Looks like you are favoring the employer who demanded money for H1 to an extent.

[txh1b]

An attorney says, DOL looks after wages / salary issues and might not take the H1 fees issue seriously, though it depends mostly on the DOL officer and how strict the laws of the state are.

Your attorney needs to go back to school for saying that.

[kabkaba]

This is not the right approach to thinking about this. Looks like you are favoring the employer who demanded money for H1 to an extent.

I am just being practical. Paying and accepting payment both are illegal anyway. But as the employer how fair is it that this employee is first paying and then demanding repayment on his whim. Suppose today I pay you a bribe and you take it. Next day I decide that I do not need whatever I asked you for and demand repayment, while you have already paid the part of that bribe to somebody else for getting what I asked for. This is just the same.

I see lots of people blaming consultants for greedy practices, I feel equal blame should go to the employees who have also been greedy. I am not saying consultants are guilt-free, but they just work on a business model and any business can only be done for profit.

[orion]

I see lots of people blaming consultants for greedy practices, I feel equal blame should go to the employees who have also been greedy. I am not saying consultants are guilt-free, but they just work on a business model and any business can only be done for profit.

Looks like you are one of them

[kabkaba]

No I am not. I have nothing to do with either parties. I am just saying both should take equal blame.

[orion]

Well, their business model is illegal and unethical I think.

[kabkaba]

Well, their business model is illegal and unethical I think.

Yes, certainly. They are unscrupulous folks. But, how ethical is it to pay a bribe and demand it back later?

[txh1b]

Both parties are wrong. I feel employer has wronged more because they are making a statement under oath and perjury that they will not collect any fees to the government.

Similarly, the person accepting a bribe has wronged more (cos they accept the oath of office or whatever) than the person giving as without an acceptor, there will not be a giver.