Could my employer refuse to sponsor after saying yes


I got my OPT after i graduate from an US college. Then I found a job under the OPT status. I just talked to my current employer about the H1B and they want me to pay for all the fees and fill all the paperwork. The administrator said “Just fill the paperwork and I will sign it.” He also said that I will be resposible for the fees.

I went online and found out that it is employer’s expends to sponsor me. Websites also talk about private company is less likely to follow the rules. Of course, the facility I work for is private.

My question is that, they said they will sponsor me to get the visa, but could they said they don’t want to anymore after knowing that they have to pay for all the fees?

Also, I was wondering how long would it take if I wish to just do the regular process? And can I go back home to visit if I get the H1B visa?

I appericate any answer/comments,


If this is your first ever H1B, the cap got filled on April 5th 2013 it self. So you will have to file next year April 1st 2014 i.e. next season. Your employer cant file the petition this season, your employer should know this. Dont end up paying the money and let him take you for a ride to get the money back. Check before you pay him anything.

Regarding your ques.,

You should have had that in writing from your employer. Speaking legaly the employer has to pay it. Certain private firms ask their employees to bear the fee, which you can do nothing about it.

Regular processing takes a minimum of 2 months. It is just an estimate, sometimes they do it fast too.