![]() I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive. Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? ()Īlso, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.Īlso there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.Īll in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Actual wage is wage paid to people with same qualification/experience for similar position in your company. It should be greater of Prevailing or Actual wage. Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
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