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Do I need to pay for H1B fee for myself?

Alpharetta, GA |

Hi,
I approached a person to process my H1B. He asked me send all my documents like education certificates/work experience etc. He also informed me that there will be a fee of USD 2500. I sent the documents but after a week I changed my mind and informed the person that I'm no more interested and requested to ignore my application. He is saying that he has already started the process and I need to pay him USD 500 towards lawyer fee and education evaluation. I did not sign any document other than sending my documents. Should I pay him the money he is demanding even though I'm not interested in H1B processing with him any more? He is threatening me that he will go legally and if I don't pay by due date I need to pay for legal expenses and also 15 USD per day of late fee. Please advice. James

Attorney Answers 3


  1. The way you'd want to proceed with this is entirely up to you. Of that person were to file a legal action against you in small claims court, he would be entitled to compensation for time already spent on your case, which will be easily documentable.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. it is illegal you for and the "person" to file an H1B. Only employer can do that.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Employer is required to pay all USCIS H-1B filing fee, so an employer cannot require you to refund those.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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