What Do You Think, Deceived or Not? Regarding H1B Application

hi just call me Juan, im Filipino, i just want to know if we were deceived(hope not) by our employer… here’s the senario…

March 2012, the employer ask for our files, requirements, etc.. its about that the US is offering H1B Visa in which we are told by the employer that we applied for.. Because everyone in the Philippines want to work in the US so we grab the opportuniy, so we arrange all the documents needed and send to the employer and we are also told that we have to PAY $6,000.00 dollars EACH to all the processing.. And so we provide also, because the employer told us that we need to catch the April 1,2012 deadline... In SHORT all were settled.. 

And now as what i have read in the internet, H1B for Fiscal Year 2013 (in which we are to be included Right?) have already received the mail or result or what they call it, but in our situation WE HAVENT received or informed by the employer what happened to OUR application..


What makes me nervous now is that NOW is the application for the Fiscal Year 2014, right? and lottery have already made, if im not mistaken.. Still No information was GIVEN to us until now..

If we count the number of months that we are waiting for any Updates or what. its already 15months......





What is the employer saying about this? Is he responding to emails/calls etc? Petitions filed in April 2012 should have been processed by now. If not, then your employer needs to follow-up w/ USCIS. If they haven’t followed-up until now, then they are pure dumb.

Ask the employer for the copies of 797C, which is the receipt number issued by USCIS when the petition is filed. From the face of it, it looks like they have duped you.

hi saurabh, thank you for your kind reply… she havent answers back or replies to our sms not emails… thats why im very much afraid of it… i also ask for the receipt number… she didnt answers too… what do you think we should do next?

hi again saurabh, m i correct that, whenever the uscis received the application, there will be an immediate response whether we are qualified or not? and a letter of denied or approved should be received? because she says that its april 2012 that our application was filed,is there an instance that the processing will be still ongoing until now? since our application was filed april 2012? thank you so much! GOD BLESS YOU!

That is correct. Once USCIS receives the petition, they will issue a receipt number irrespective of what’s missing in the petition. If they then reject/deny it, they will send the package back along w/ a letter explaining the reason for denial/rejection.

I am inclining towards a fraud case here. If you don’t see any progress happening w/ the employer, you can tell them that you are about to complain to DOL against them as collecting H-1 filing fees is illegal. They may fall in line or may show indifference to this.

hi saurabh, that’s what we are thinking right now, that we are officially fraud right? the employer up to now didnt respond to any sms or emails we sent… especially sending sms from our country to US costs about $0.50/sms… what we can do now? the only info that we know about her is shes from Texas…

another thing is that its already more than a year…is there cases similar to this that it takes a year long to have have receive a notification or receipt? THANK you SO MUCH!

It is possible that the case is stuck in background check and got delayed. However, that happens more w/ people who have common muslim name. You don’t seem to be having such a name.

You can sought more help online from other forums or decide to hire a collective attorney to see how you can sue that company to get your money back.

hi again saurabh… i havent still get any reply!! what can i do pls?

Talk sternly to your employer about the case and the refund. Hire an attorney or contact DOL about it.