My consultant applied for H1B on June 5th 2012 (with my OPT expiring on June 25th 2012) and I got the Cap gap extension till Oct 1 2012.
On Aug 25th 2012 my consultant asked me to apply for premium processing as my petition was not yet approved and my cap gap extension was going to expire on Sep 30th 2012. I paid for the premium processing and the consultant informed me that they are going to apply for premium processing on Sep 5th 2012.
When I checked my status online on Sep 6th 2012 I noticed that my petition was approved 
with the following message.
On September 5, 2012, we mailed you a notice that we have approved this I129 PETITION FOR A NONIMMIGRANT WORKER. Please follow any instructions on the notice. If you move before you receive the notice, call customer service at 1-800-375-5283.
Now Im confused If my petition was approved on the same day they received my request for PP or It was just a coincidence and my petition was approved on the same day using normal processing?
If it was a coincidence then my petition was approved using normal processing and I should get my money back.
Now My question is
- How Can I know that my Petition was approved using PP or normal processing
- If it was normal processing then Is it a good idea to ask USCIS for Refund without going through much Drama?
- If I can and should then What’s the procedure ?
NOTE: I paid for the entire H1B processing to my consultant and I don’t wanna pay any extra than I’m suppose to pay.
H1B Application Fees
You have already did something that you shouldn’t have done – Paying for H1B Visa processing.
But the consultant was truthful & you are working in US now , who was the cnsultant ?
now it has become like a normal practice. i have seen employers asking for filing fee for H1B especially in academic setting. it is illegal and not been reported since who ever payed do not want to lose their job, also employer taking advantage of situation where without visa the person cannot stay/ work here. hope there is a end to this practice
I am not 100% sure but AFAIK, it is legally OK to have beneficiary pay for PP.
This said, for the refund, only the employer or his attorney can apply for it.
it is a grey area. though it is illegal , morally the employers are required to sponsor if they want to hire, they offer job and then asking for filing fee is like bait and switch.
Sam: I think we have a disconnect. I think it’s Legal to have employee pay for premium processing fee ($1225 or so)
If it is legal to collect fee for premium processing, why dont they let us send the check directly to USCIS. if they can answer this I will accept it as legal.
Who can pay the USCIS filing fees? The foreign national or employer can pay the $325 petition fee, the $500 fraud fee, and the $1,225 premium processing fee. However, the employer must pay the $750 or $1,500 ACWIA fee. If the foreign national pays the $500 fraud fee, the amount will be deducted from the total wage paid to him/her in the H1B status when determining whether he/she has been paid the minimum prevailing wage.
Source – http://lightmanlawfirm.com/work-visas/h1b-visa.html
In the eyes of USCIS, it is company who is paying for H-1B visa fees, not you. ask your company to get refund -if there is any-from USCIS.
thats the point, these guys are bully, they do not write any email, all contacts are either in person or by phone(work), nobody dares to complain since they stand to lose the job over ~$2k, rather than avoid hassels and bullies are taking advantage. hope USCIS reads this blog and will keep and eye out. when 1 is caught and USCIS sends a memo to all employers hiring in H1B visas then they will automatically stop this nonsense. i wish it happens sooner than later.