[deepankr]

Hi

Do you guys know attorneys who charge reasonable fees for H1b processing. Please also mention what are the reasonable charges? Any help would be greatly appreciated. I am a new member of this forum, can you please reply at [email protected]

Thanks a lot

Deepankar

[SusanPai]

Generally speaking, reputable attorneys charge between $1000 and $2000 as a fee for completing the H-1B visa application and follow-up. You can fill out the paperwork yourself or hire a non-attorney but I don't recommend it and not just because I'm an attorney . So many changes occur in the law and at the service centers that it is difficult even for attorneys to keep up with the information. I personally spend at least three to four hours a day reading about any changes or trends that might affect my clients and engaging in discussions with colleagues all over the U.S. about the same. Much of the material I read and use is available only through professional portals like Westlaw and AilaLink. And, of course attorneys attend numerous continuing legal education courses. Finally, attorney members of AILA have "AILA attorney access" to the USCIS both to obtain relevant information and if a mistake has been made in the processing of the application. I can't tell you how many times I've been hired after an individual has filed his or her own H-1B application only to have it disappear somewhere at USCIS with no answer or explanation. Other times, I have been called in to address Requests for Further Evidence (RFE's) because of mistakes that were made in the H-1B. Finally, with the H-1B applications vastly outnumbering the available H-1B slots, it is absolutely imperative that the H-1B be filled out perfectly. With the H-1B Lottery in place, an incorrectly filled out and then rejected H-1B application will not have even a chance to be considered in the lottery (because by the time you get the rejected application back, the Lottery will have already occurred). My advice is to get the most value for your money and the way to do that is to hire an attorney who will personally prepare (or at least supervise) the H-1B application, who is a member of AILA, and who has a successful track record of filing applications. A final note, if you eventually intend to pursue citizenship, know that everything you do with any visa will be scrutinized and considered so an attorney should examine an H-1B visa application to ensure there also is no negative effect somewhere down the line. -Susan Pai, Attorney at Law. ***DISCLAIMER: The information provided here and on Strong Visa Dot Com - Welcome to www.StrongVisa.com is of a general nature and should not be construed as specific answers to particular circumstances. None of the information presented here is to be interpreted as legal advice nor presumed indefinitely up to date.

[SusanPai]

UPDATE TO FEES AND COSTS RE H-1Bs.

Please note my attorney's fees have increased since my original posting due to an marked increase in extremely onerous RFEs and complex issues arising out of the recent and growing application of relatively new caselaw to H-1B adjudications; particularly for certain types of companies including businesses that may be characterized or mischaracterized as an "agent" vs. "employer." I don't know this has been the same experience of my colleagues but what used to take an average of 11.8 hours of work is now taking 17.6 to 23.5 hours of attorney work and as a result I have had to increase my fees accordingly.

FILING FEES.

Scholarship and Training Fee: $750 for H-1B employers with 25 or less full time employees; $1,500 for more than 25 full time employees. Some non-profit and other organizations do not have to pay this fee. Otherwise, the employer must pay this fee and can not seek reimbursement from the H-1B beneficiary under any circumstances. The Law Office of Susan Pai strongly disagrees with the interpretation that the regulations allow for a non-employer third party to pay this fee. Clients of the Law Office of Susan Pai are advised a violation of this rule may render both the employee and employer in violation of the law with probable negative ramifications for future immigrant applications. With a three to five-fold increase in USCIS enforcement efforts, every applicant and beneficiary should proceed under the assumption their case will be audited.

Fraud Detection Fee: $500. There are no exemptions from this fee but the employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

Premium Processing Fee: $1,000. This is an optional fee to fast track your case. Sometimes this is preferable but not always. The employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

I-129 Application Fee: $320. There are no exemptions from this fee but the employer may seek reimbursement from the beneficiary for this fee. However, if this is the case, the prevailing wage must be met taking into consideration a reduction based on this reimbursement.

Attorneys Fees and Costs: Attorneys fees can vary wildly (from $1,000 to $4,000) for H-1B processing. It is the opinion of Attorney Pai that, unless it is an extreme case (e.g. recapture of significant time, prior removal, criminal record), a fair fee for H-1Bs is $2,000 to $3,000. At the other end of the spectrum, if you hire an attorney for less than $1,000 and your case requires 20 hours of attorney work (as many H-1Bs do now), you may not get the time put into your case that is needed. But, then again, you may be able to get a bargain in these difficult economic times.

Costs include those listed above, with additional fees for dependants, and expenses such as copying and courier fees.

As an exemplar, as of August 2009, Attorney Susan Pai charges the following fees:

Simple Extension $2,000

New H-1B Application $2,500 to $3,000

RFE $2,000 to $3,000

Appeal $3,000 to $4,000

These fees are subject to change (both upwards and downwards).

[DCcityboy]

Depends on location, East and West coast attorneys generally charge more than others. A fair legal fee is $2250 to $2750.

[hankcorvette]

So my lawyer charged me for $3000 for new H1B application. It is a fair price, right? My friend also uses him for appeal for his denial of his citizenship application... he charged him $4000... Is this a OK price, or it is too hi?

[DCcityboy]

Depends on where you are, but $3000 is in the reasonable range.

The denial of natz, is it something that should be appealed? Generally less expensive, faster and easier to re-file the N-400. Get a second opinion.