PDA

View Full Version : Complaint against the H1B Employer


h1b_alex
03-29-2011, 12:21 AM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.

snathan
03-29-2011, 12:48 AM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.


It seems like you are at fault here...why did you come here without your employer calling you. There is no strong case...what wages you are talking about when you were not reported to work.

h1b_alex
03-29-2011, 01:00 AM
@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.

I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?

buddyinsd
03-29-2011, 04:19 AM
First off, any DOL complaint don't need u to be here to continue with the investigation. The way it works is, u tell them ur entire story and leave. They'd take their time to investigate using all the documentation u'd have provided them, and in the end if ur employer was found guilty, they might still let him off the hook giving him a warning. There's really no guarantee that ur employer wud be found at fault unless they find more employees lodge complaints against him. U might be the only one.

Anyhow, u can give it a shot and see what happens as u have nothing to lose. I know that ppl hv tried this b4 without much luck. Employers hire attorneys to save them from such situations. Ur employer closing down shutters is a far fetched thought...just saying...US laws are quite tricky.

H1 transfer at this point may not really work for u as u dont hv paystubs. Sorry, its a bad situation to be in. I understand u paid from ur pockets to come here and it sucks - Good luck!

@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.

I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?

h1b_alex
03-29-2011, 04:35 AM
@buddy thanks for this thoughtful insight, and i am also not looking forward to any transfers as i tried it with one employer who wanted to hire me but so late as it has been the procedure didn't get through.

Well about him not closing down shutters i know it would be difficult to indict him to that level, but even for him to hire an attorney and fight to save his A** would be a greater achievement and moreover once i am back to my native, i will blacklist him as much as i can in the forums and in the immigration voice. I will make it sure he doesn't get any goat to butcher from my native land any further.

All i am seeking here is that even if DOL launches a investigation and he loses his money over it during his trial and if everything goes well (as i am preparing every doc , every communication, every letter that he sent me to prove that these consultants are all looking for money no matter even if it comes in the form of someone's blood) my job would be done. Hopefully DOL will tighten some screws somewhere and maybe i can save one more like me to fall into the trap of this company.

I would be constantly working to make sure if someone types his name , my reviews of his blacklist appears before his company website, i have done many SEOs for many companies and my friends i am capable of destroying him at least over the internet and i shall see to it that happens.

Maybe he took a bigger fish than he could swallow this time.:-)

Robert Kumar
03-29-2011, 07:15 AM
It is possible INS can track you down using posts here as you seem to be illegally here in the US. I wouldnt be advising anything to you as you are an illegal alien.

fide_champ
03-29-2011, 09:42 AM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.

did you and your employer agree on a joining date? Who's call it was to bring you into US? If you are working for a consulting company, you probably don't have agreements like this. But when you are spending your own money, I would expect you to be doubly sure that your employer wants you to be in the USA.

You've landed straight into the pitfalls of this body shopping business unfortunately you've lost quite a bit due to this. I am not sure screwing the employer should be the top priority. All your effort at this point must go into finding a way to stay in this country. If you do not have paystubs, you could still get a H1 transfer but you may not get a new I-94. Explore all options to stay in this country legally and resurrect your career.

hpandey
03-29-2011, 10:30 AM
It is possible INS can track you down using posts here as you seem to be illegally here in the US. I wouldnt be advising anything to you as you are an illegal alien.

At least one person is doing the right thing and you are asking him to be a coward ? What will INS do after tracking him down ?

INS can't even track down the 12 million "really illegal " aliens that you and I see everyday around us and they will waste their time going after this guy who has already left the country.

Get a grip on practical things in life.

The employer should most certainly be reported to DOL for fraud.

h1b_alex
03-29-2011, 10:52 AM
@hpandey thanks for standing by me, and more so i will not bow down even if INS were tracking me down , what have i got to lose, its the time for the consultants to lose his business and his money, and i will not stop here as i said , i will make sure google search on him always opens the blacklist page before his company website.

@fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.

@Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all

uma001
03-29-2011, 11:23 AM
h1b_alex,

You mentioned you attended 15 interviews, but nothing worked.
How many interviews did you attend so far?
How many years of job experience do you have?
What skillset do you have work experience?
Send me PM. Let me see if I can help you.
There are companies still doing H1 transfer without pays tubs for talented guys.

Market is picking up, I hate to see you go back to India.

roseball
03-29-2011, 11:34 AM
@hpandey thanks for standing by me, and more so i will not bow down even if INS were tracking me down , what have i got to lose, its the time for the consultants to lose his business and his money, and i will not stop here as i said , i will make sure google search on him always opens the blacklist page before his company website.

@fide-champ i have tried options that could be open to me till the brink and believe u me if they were there i would be the first to grab it, i have tried attorneys, i have tried references, i have tried many options , given 15 interviews of companies and sat on that interview table from 9 to 5:30 PM , but only after realizing that it wasnt going anywhere and i had blown my dough i realized , its better that i leave.

@Robert Kumar yeah ofcourse, even if they were to what could possibly go wrong more than what it is right now, not afraid buddy not at all

If a company is willing to hire you for an available position, they can still hire you and file a I-129 with consular processing option, just like your current H1. Once thats approved, you will have to appear for a VISA interview again in your home country (at the consulate mentioned on your application). Whether you will be given a VISA or not will depend on the documentary evidence submitted and your H1 history. Be prepared to answer questions regarding your current H1 saga which will definitely raise some flags on your current company at the Consular post as well but unfortunately could have negative impact on all current genuine employees at the company, if your current employer is found guilty. You can claim ignorance, but there is a chance that you could be banned as well for VISA fraud (paying for H1).

sac-r-ten
03-29-2011, 02:47 PM
In my opinion you are doing the right thing by reporting against your employer to DOL. DOL take their own time. But I have known a case where the employer had to shut-shop coz of complaints from former employees.

As some others have mentioned, look out for transfers with consular processing and get back here.

Good luck with everthing.

snathan
03-29-2011, 02:53 PM
@Snathan how did you know he didn't call me here , are you one of the consultants yourself who does this filthy work of cheating people.
I guess it was my employers discretion to make me sit home with him just not responding to my mails, i couldn't barge in to his office and say hey give me desk to work on? can i ?

Anyways looking at the LCA agreement i think you don't seem to know what you are talking about, I am here holding his company's name on my H1B form , His agreement on LCA and his employment letter, i dunno if there is any other way i could make inroads into barging into his office?

Now if he puts a security guard against me entering his office, shouldn't i report this to DOL too?

Mind your words you low life scum bag. You don’t know what you were doing and paid for H1B and landed here and informed your employer through email which states he did not invite you to the US though he applied for the H1B. By the way when did he informed about the project situation.

Yea...you go ahead and report DOL or even white house. I am sure you won’t get anything out of it as there are so many loop holes in your case. No one is going to pay you the green buck because you want it.

Getting emotional is not going to help you. Your case is not going to impact your employer until he is doing this as a pattern. The only other option is, if you can get another job apply for a transfer and the approval without I-94. Then you will have to go out of the country and come back.

Your first priority should be to get the job and fix your visa issues. Then find other employees working for this employer and if they are in similar situation like you. If so, you have a very strong case and complaint to DOL. May be you should use this as a leverage to get the pay stub and do transfer. Really speaking pay stub is not an issue as long as you are able to get a job.

You need to relax and think what do you want to do and whats your goal...do you want to put your life back on track or go after this guy. You can teach him a lesson but how it’s going to help improving your situation. Because of the current environment, no one needs to file any complaint and every application from any company is thoroughly scrutinized by the USCIS. Worst case he will shut the shop and open another one. All he needs is a $300 to register a company. USCIS is not going to deport him as he might be already on GC or USC. But there is every possibility for ICE to knock on your door. You are just shooting yourself in the foot. Good luck.

snathan
03-29-2011, 02:56 PM
In my opinion you are doing the right thing by reporting against your employer to DOL. DOL take their own time. But I have known a case where the employer had to shut-shop coz of complaints from former employees.

As some others have mentioned, look out for transfers with consular processing and get back here.

Good luck with everthing.

Yes...its true if the employer is at fault. Means, after inviting you here and does not pay on bench.

But here, it seems the OP has come here after getting the visa stamp without his employer's invitation and didnt report to job. I already have heard from attorney on a smilar case and also seems like the employer can easily defend himself.

At worst it will have black mark on the employer and nothing more than that.

poorslumdog
03-29-2011, 03:19 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.

Did you get the invitation letter addressed to the IO at POE by your employer. Why did he invite you here in the first place when there is no project.

HRPRO
03-29-2011, 03:22 PM
Alex

I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.

You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.

This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.

Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.

HRP

GCVivek
03-29-2011, 03:51 PM
H1b_Alex,

It looks like your post has met with resentment on the forum. Let's look at it openly and see if you have a case here.

1. The company gave you the i-797 to come the the USA which means they applied for you with USCIS.
2. They said they had a job for you. USCIS checked with DOL and agreed and approved the application. At this point you are their probatory employee.
3. Do you have any documentation (on legal letter head) showing the the company (employer) asked you to report to work on a certain day? If yes, positive!
4. You said you paid H1B fees. How did you do that from your home country? This is a negative since you broke the law.
5. You land here, assuming on a good estimated date based on when you were asked to report for work. Now, the employer (company) does not have a job for you. This is totally fine in the eyes of USCIS/DOL and US Law.
6. The only responsibility of the employer is to now to pay for the cheapest air fare (if air required) to send you back to your country.

Ofcourse, filing a lawsuit can be done even if you are not here but being here obviously helps A LOT when fighting such a case. However, chances of quick resolve=30%. Chances that you will win= 20%

The reasons are simple and outlined above. Sorry but your chances are slim. :(



Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.

yagw
03-29-2011, 04:20 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

...

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.


There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...

h1b_alex
03-29-2011, 04:24 PM
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.


@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help

@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions

@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.

@HRPRO thanks for the suggestion

@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.

I need help on the procedure of documents to be submitted , please help me on that as well.

snathan
03-29-2011, 04:35 PM
@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.


@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help

@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions

@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.

@HRPRO thanks for the suggestion

@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.

I need help on the procedure of documents to be submitted , please help me on that as well.


Believe me if he is doing this as a pattern...he is already on the hook; you just need to call the Hour and wage division at DOL and give the employer details. They will take care of it and it will take 2-3 years.

Also if you file complaint, you will get the whistle blower protection means you would be able to do the transfer without even the pay stub. If you are lucky, you would not need to go out of the country.

Most of the time the end client would not be able to hire you though they conduct interview (the interview might be an eye wash or GC interview), you need to find their primary vendor/any vendor and go thru them. It all depends on your skill set and contacts.

HRPRO
03-29-2011, 04:41 PM
Alex

Again agree with Nathan, if he is doing this as a pattern, expose him in the forum and cause as much damage as you can.

I will also send you a PM

h1b_alex
03-29-2011, 04:43 PM
@snathan oh no he never got me any interviews , he was basking away in the sun with his wife on the hammock with him, these were all my efforts of trying to find a job somewhere by posting on job sites, calling up companies, using my friend's reference, but i realize that even doing that companies here follow a longer process or some no process to actually keep the candiate informed about the status. This was way different in my home country.

anyways yeah i know atleast 5 guys who have all been thru this company who have all flown in on their own and who did not blow the whistle.

bugsbunny
03-29-2011, 04:43 PM
Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

I am a little doubtful...if this was illegal.
Since you had no knowledge at the time that it was illegal.
Being a foreign national you may not be expected to know every law here.

How much did you pay? was it more than what the fee was?
Did the employer processes your visa or did they use the services of an attorney?
if you...then you have a case to sue the employer for scamming you in civil court...as he may have used this trick to eat your money knowing fully well what would happen to you once you landed here.

Talk to an attorney here before you leave.

vjonline
03-29-2011, 04:55 PM
hey h1b_alex..very sorry to hear your situation. If you feel I am not asking for too much, can you name the company? That would help a lot of people who can avoid getting in trouble in the future.

smuggymba
03-29-2011, 05:01 PM
Alex

I mostly get reds for being honest and stating the facts but that doesnt matter. I have to agree with Nathan, dont get emotional, lets see how to get out of this mess. As you stated, your employer didnt invite you, the only thing he should have done that he didnt do was recalled your petition when it became effective. He will get away with a warning and a small fine unless he has done the same as a pattern.

You can get him in real trouble, (of course but only by doing damage to yourself) by proving you paid the money for the H-1 and I sure here too, you would have given him a check and he would have given a company check to USCIS and you are going to make life more difficult for you than for him as proving you paid the money for the petitionis going to be very difficult.

This is the time to sit back and think what is your real goal. I guess, it was to come here and work hard and succeed not make life miserable for everyone involved. Trust me Honey attracts more flies than vinegar. Speak to your employers softly and try to find a solution. If you need help finding a job, I am sure there are plenty of avenues, especially with the market improving.

Now dont jump into conclusions, that I am another consultant or work for a consultant. I am neither.

HRP

These crooks are intelligent - they take money in Indian rupees and deposit it in their account named after his/her mother. Difficult to prove you paid for H1-B unless you have a recipt/transfer record here in the USA.

h1b_alex
03-29-2011, 05:14 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

snathan
03-29-2011, 05:24 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

I suggest to focus on getting a job and you can nail him any time later.

HRPRO
03-29-2011, 05:24 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done

HRPRO
03-29-2011, 05:26 PM
I suggest to focus on getting a job and you can nail him any time later.

Was my initial suggestion Nathan but he has decided to go back home

snathan
03-29-2011, 05:32 PM
If you really want to hit him hard call ICE as well and let them know. If there are similar testimonials from several employees, he is done

If he is calling ICE...only the employees are going to get affected. As the employer is already on GC or USC, he will be slapped with fine. Nothing else. So the best option is DOL and not the ICE.

bugsbunny
03-29-2011, 05:50 PM
@vj i would surely unmask him here , gimme another 10-15 days i will reveal everything about him pal , dont worry.

@bugsbunny i paid about $4200 for the process , he said some attorney fees and stuff

Does someone have an experience of application process, so that i send in the right papers, before leaving here. i mean the set of documents to send to DOL, so that i do not miss out on something important which could nail him to the maximum

Do you have a copy of the H1B application?
It should show a lot of details about the employer and also as to who prepared the forms(attorney info if there is one)

As i said if the company itself has done the work themselves with a full time attorney...then the company is fully liable...if the company has hired outside attorney...the company is still liable...but the outside attorney would also be liable for building fake cases.

There is also a law that if the H1B employer has terminated your services before the estimated time your service was required then the employer has to pay you the transportation costs for your return home.

Please read the following articles for information on the H1B process

MurthyDotCom : Overview : H1B Visas for Temporary Professional Workers (http://murthy.com/news/UDtempro.html)

MurthyDotCom : Overview : H1B Visas (Part II) Wage and Record Keeping Reqs (http://murthy.com/news/UDrecreq.html)

MurthyDotCom : Overview : H1B Visas (Part III) 6-year Limit, Portability, Etc (http://murthy.com/news/UDh1iii.html)

h1b_alex
03-29-2011, 05:58 PM
@bugs
Yes i do have the entire H1B application in originals with LCA and offer letter from employer

@HRPRO
Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again

However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.

bugsbunny
03-29-2011, 06:02 PM
the filling fees is variable depending on the employer

Here is the link from USCIS
download the form and the filing instructions which have the fee info

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f56e4154d7b3d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD

I can assure you its usually not $4200

Mayday
03-30-2011, 08:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.

The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:

Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.

If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.

If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).

If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.

Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.

So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.

Mayday
03-30-2011, 09:02 PM
oh and yes, it is easy to file a claim with DOL on your employer - since YOU paid the fees employers has already did bad.
the form is WH-4 - http://www.dol.gov/whd/forms/wh-4.pdf

here is the article on this matter - Underpaid the Prevailing Wage? 5 Reasons an H-1B Employer Should Settle Your Complaint U.S. Business and Immigration Law (http://vkvisalaw.wordpress.com/2008/11/14/underpaid-the-prevailing-wage-5-reasons-an-h-1b-employer-should-settle-your-complaint/) - it is about underpaying, but it contains other things important to you.

you may actually settle an agreement with this employer, so that he pays you paystubs you could use for H-1 transfer so that you do not go to courts. But have a lawyer involved in this.

Mayday
03-30-2011, 09:18 PM
I can assure you its usually not $4200

it is $1575 in only USCIS fees minumum. Some companies will have to pay $2325 in fees.

minimum attorney fee for the whole application process I've seen is $900. Many of them want much more - $2000 is not rare.

so actually $4000 is a good and realistic estimate

PrinceVA
03-30-2011, 09:39 PM
Alex,
good to see you going to homeground but hate to see you go at this stage though.

We have many helpers here on this forum. I still suggest you to find another H1B holder, start h1b transfer and it will take 2-3 months to get the approval or denial, you have some time to find a job here. At least make money that you have spent for getting H1B.
If you work here for 6 months, you will at least get what you have paid.

I know you have made up your mind strongly, but just asking you to think over it again.

And if you decide to stay back and try for 2-3 months, Please let me know. I will share your email id with all recruiters and see how it goes. I will try my best, and sure there are many other helping hands here.

And as far as your employer matters, I say SCREW that B***, M***F***. Many of us, including me, do want to do but unable to do that either because we are at some stage of GC or some financial reason or frankly saying.. are little coward to go through that process and investigation. Only way I see is help one another.

I ask you to think over again and ping me if you decide to stay back and try before calling it off. Nope, you are not a looser, not the one afraid to fight, but this is frustating process and this is how it works here. Some good people come together, form IV like non-profit organization and fight for us but still number is very low and people like me come on this forum when in trouble (And then stays here for long :) and believe me IV has helped a lot.
Not only fighting for GC cause but also to boost your morale, make you confident and provide with all the good advise that they have learnt from experience.

What ever will be your next step buddy, All the BEST and there is a bright, very bright future awaiting you.

Prince.../

@bugs
Yes i do have the entire H1B application in originals with LCA and offer letter from employer

@HRPRO
Yes friend i have decided to go back , and i am not looking anymore i will rather have this energy saved for myself finding jobs in my homeground again

However does anyone have the first hand experience of reporting to DOL, please share your experience too with the kind of paperwork that should aid your application.

Mayday
03-30-2011, 09:47 PM
There are others who advised you about what to do so I am not adding to it. If you want to prevent this happening to others you can expose the company here and in other forums...

the worst idea ever.

first - probability that potential employee of that employer will read it is zero.
second - employer continues to act same way to other people.
third - employer can actually sue him for doing so.

cooldesi
04-02-2011, 07:28 PM
there are two factors here:

1. Regarding consultant coming to US. As employer told he does not have bonafide job offer. he is at 0% fault and consultant 100%.

2. Regarding paying for h1b fee. employer obviously did not make money here but he was not supposed to take money from consultant.

it's all about greed on both sides.

a_paul1
04-02-2011, 09:41 PM
1. Employer gave documentary evidence of a valid job for the candidate to secure H1B visa. The question of calling or not calling the candidate to come to US does not arise. The employer, by petitioning USCIS, admited that he wants to employ the candidate in US. The candidate does not need any further letter to come to US. All the required documents are already with the candidate when he goes for stamping.

Hence, it is valid for the candidate to come to US by presenting documentation.

1.1 Exception: If the Employer proactively cancels the H1B that changes everything, which I believe is not the situation here. (The candidate wouldn't even be able to enter US in that case.). Unless, the H1B is canceled, the employer is on the hook and not the candidate.

2. Payment for visa by candidate is not fraud on the part of the candidate if he had no intention. Although ignorance of the law is almost never an excuse, this is a grey area really. The candidate might have paid to the employer and not to USCIS for the petition. The actual responsibility to not take payment lies with the employer. My opinion: Candidate will not be held liable for this.

3. If Employer fails to provide paystubs or fails to put him on payroll, he is on the hook. He is liable for full wages as long as he does not cancel H1b (unless the H1B is transferred of course). He is also liable to pay return fare to the candidate.

IMHO, the candidate is cool. No issue. Go ahead with your complaint to DOL. Good luck to you. Come back to work for a genuine employer with a new stamp.

cooldesi
04-02-2011, 09:53 PM
Unfotunately what you are saying sounds cool except that its not true.
Job offer has to be valid on the day petition filed or the specific date mentioned.

There is nothing cool here. Employer did mistake by charging money and candidate came to US uninvited.

krishmunn
04-02-2011, 10:18 PM
Unfotunately what you are saying sounds cool except that its not true.
Job offer has to be valid on the day petition filed or the specific date mentioned.

If the job offer no longer exist, employer need to withdraw the H1. Until and unless employer does so, he is on hook to pay the employee.

The only argument against employee here is , employee did not report to work. If employee can prove (through email copies etc) that he actually tried to report but employer barred him, employer must pay the wage till the date H1 was sent for withdrawal.

Filing an H1 means that a job offer exist as of the day requested in the petition . For example, if the petition has a start date of Oct 1, 2010, and the petition is not withdrawn, employer is stating that he has a valid job opening starting October 1. No additional job offer/invite is required. The only time such invite *May Be* required (at PoE) is if the employee is travelling much later than the start date specified in the Petition.

cooldesi
04-02-2011, 10:38 PM
I agree with this part. The moment employer knows that job offer is no longer valid, he should withdraw h1. Since he did not do that, it would work agsinst him.

Dol only understands two dates approval date and date of withdrawal.

To me this employer looks more stu**d than evil.

GCmuddu_H1BVaddu
04-02-2011, 10:53 PM
I hardly believe your story. Your written english doesn't seem like you are a H1-B guy form the other counrty unless you are from Canada. Why the f'ng game, what do you need? Now tell us another story that you are from Canada.

@snathan, sorry pal i thought you must those fake identities in disguise who could pull you back from filing a complaint since they were one from the run, anyways with your suggestion the consular processing i understand there is a chance to come back, but to be true these 3 months have set me back by 3 years, with the consultant not picking my call when i want to ask him about the situation, running from company to company to attend an interview, they all taking a 5-6 hour interview and then then getting back 2 months later only to tell you that
they had another senior in line from the company for promotion , they gave him the job and no outside candidates are being considered, other companies also making a mockery of the process of hiring. I would be better going to australia and working from within there, yes i did pay for my H1B but to be so true as i want to be i though it was a procedure at the companies and only realized after i had handed it over by reading this forum that i had also become in cohoots with this consultant. I am not a cry baby here , just that people flying in from all parts of the world , India, Australia, Canada and god knows from where, should be made aware that such things could happen to you and beware, for me the beware sign a little late as i believed at first started my research later.


@uma thanks for the support but i have already decided to fly back, i appreciate this forum and the people who are willing to help

@roseball well got no breath left to do another set of visa interview at the US consulate and answer those questions

@poorslumdog when i started to research i found that this company has done this to many Indian guys, many Canadians by charging visa fees and charging some extra dough and sat on it like a vulture, did nothing to call them to the country and some have never reported to work after 3 years of visa filing, now why is this whole tantrum of filing then, they have been expanding with offices in various areas in US and it acts a good mark on
their company in terms of view from a outside and successful visa filing with candidate money with no responsibility of placing then is a goldmine, they are like half hits in terms of placing and calling people here, i met with an Indian guy who had come here on his own and changed the company finally as he went thru the same scum of this company.
Seems like there are victims falling for this modus operandi time after time.

@HRPRO thanks for the suggestion

@GCvivek thanks for the analysis of my situation, i feel that its tough to put him to trial but somebody is going to have to do that someday, let it be me, atleast if only a black mark
it will add to his database and track record of black marks and i am sure many more would have tried but never complained against him, makes him immune everytime someone passes without doing it as i agree they want to be safe, but i want to blow the whistle.

I need help on the procedure of documents to be submitted , please help me on that as well.

sorcerer666
04-03-2011, 11:02 AM
I hardly believe your story. Your written english doesn't seem like you are a H1-B guy form the other counrty unless you are from Canada. Why the f'ng game, what do you need? Now tell us another story that you are from Canada.

whats your point?? He could be from anywhere!! How does that matter with his difficult situation??

Robert Kumar
04-03-2011, 11:41 AM
whats your point?? He could be from anywhere!! How does that matter with his difficult situation??

Am I the only one who thinks like this.. correct me folks.

The guy who initiated this conversation came here nearly more than 3 months back, has just 5 posts but a ton of energy to fight with US employers. Starts a topic, and we are all getting diverted in posting in this thread.

I definitely support complaining against anyone who breaks the lawy, be it employer, or employee.

In this case the guys as he "claims" appears to have come here without employer calling him. And is trying to complain against. Who will be screwed up. The employer can easily say he anticipated, but no project no, so didnt get the guy to US, as its legally allowed not to get.
Again, I STRONGLY feel this thread, and the similar, are all in an effort to divert our attention. Just stop these by not bumping them, with our comments. Let mine be the last.

Mayday
04-03-2011, 03:00 PM
In this case the guys as he "claims" appears to have come here without employer calling him. And is trying to complain against. Who will be screwed up. The employer can easily say he anticipated, but no project no, so didnt get the guy to US, as its legally allowed not to get.
Again, I STRONGLY feel this thread, and the similar, are all in an effort to divert our attention. Just stop these by not bumping them, with our comments. Let mine be the last.

Robert, you are WRONG in your position. Actually it is not my vision of situation, it is vision of the USA law.

Empoyer MUST HAVE WITHDRAWN H-1 if H-1B job was no longer available and he DID NOT. He did not promptly respond to the employee, so employee had to stick to the pending agreement and COME to the USA on the designated date, for his own money.

After employee came to the USA employer benched him unpaid, still not revoking H-1 or paying salary as he is supposed to do by the LAW.

Now he must pay employee's tickets to and from USA as it is also required by LAW.

Probably it's kind of costly for just "silence" in the email, but it may be VERY costly for the employee to come - as he may had to end his lease in home country, cheaply sell furniture or have other damages connected with this travel.

Also there is still a possibility, that employer is a fraud, who takes $4000 from employees, applies for visa, and regardless of it being approved or not keeps $2000 from every such application. It's not that little if he applied for let's say 10 or 20 employees.

So I think Alex MUST report the employer to DOL.
Alex should also file police report to check if there is a fraud going on.

GCmuddu_H1BVaddu
04-04-2011, 10:49 AM
Who filed GC for you any way.
whats your point?? He could be from anywhere!! How does that matter with his difficult situation??

h1b_alex
04-05-2011, 05:09 PM
@GCmuddu_H1BVaddu why is there such a hatred in ur mind against me being not an Indian
i was just asking a simple help, and all you have to say is to find out about my nationality, never mind i never asked help from your kind anyways.

@krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

@PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

@apaul thanks for your analysis paul it helps me understading the situation even more.

to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

Thanks to all those who have given me intelligent advise

sorcerer666
04-05-2011, 05:27 PM
@GCmuddu_H1BVaddu why is there such a hatred in ur mind against me being not an Indian
i was just asking a simple help, and all you have to say is to find out about my nationality, never mind i never asked help from your kind anyways.

@krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

@PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

@apaul thanks for your analysis paul it helps me understading the situation even more.

to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

Thanks to all those who have given me intelligent advise

Good luck mate!! Sorry that you had to learn this the hard way!! Dont worry about haters like GCmuddu_H1BVaddu ,they won't help their own mothers if there wasn't a return for them! Maybe part of him is envious of you that you can go home and he/she can't since they already spent majority of their lives in the GC rut.
Again good luck mate! and let us know what happened

bugsbunny
04-05-2011, 05:29 PM
@krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

@PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

@apaul thanks for your analysis paul it helps me understading the situation even more.

to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

Thanks to all those who have given me intelligent advise

Next time someone says they cannot reply to your emails...record the phone conversation :)

Unfortunately there will be others who will also make these mistakes....but tell us who the company is and spread awareness in the area you come from...so maybe others can be spared

h1b_alex
04-05-2011, 05:37 PM
@sorcerer666 Thanks mate , i do understand in what you said here i will keep you guys updated once i get back home and will keep you updated about what happened from DOL.

@bugsbunny Thanks to you too, i shall post all the proceedings and the outcome with the name of the employer here pal, i would surely like to save some asses here.

h1b_alex
04-05-2011, 05:40 PM
@Mayday i may not be able to file a police complaint as i do not know the proceedings and also do not have the time with all the movement thingy happening right now,but i am making my documents solid for DOL, so that he cannot escape, atleast his name gets blacklisted while applying for H1B for the next 5-10 years or best he gets dumped or shut

indigo10
04-05-2011, 07:27 PM
Alex, you Rock !!!

Though your case is weak(in my personal opinion because you seem to have entered US uninvited), A complaint against the employer may unravel some strong cases when the investigation happens.

This is from my experience:
Few years ago, some one complained against our employer about back wages and we all benefited from it. Our employer had to pay the wages for the vacations that we took (supposedly paid vacation) which they would not have paid, if the investigation had not occurred.

GCmuddu_H1BVaddu
04-07-2011, 10:47 AM
Thanks for everybody's hard work on giving me reds


Who filed GC for you any way.

Znan
04-07-2011, 02:42 PM
Hi, once my friend has shared with me a website that gives the stats about any US based company regarding, total no of GCs filed, rejected, approved, etc., etc., I do not remember the site name. If anyone knows please let me know.

Thanks
Znan

EB-VoiceImmigration
04-07-2011, 05:52 PM
@Alex: I like your will to file compliant. There are lot of people who want to do this, but doesn't have enough courage to even start the process. You did the first step by looking for information on how to file compliant. Since you decided to go back, I dont want to comment on other options

I saw one post on the thread by "Mayday" (its the ONLY relevant post for your initial question) on how to file complaint. Please follow that. I tried to search for more details, but I counldn't get more. Also please contact DOL (www.dov.gov, just call them, If I'm in your place I will do the same) see if they can provide any info. Some where I read that we can even complain from our own country. check that.

Most of the people in this forum are kind of "zombies".( they will get back to normal life once they receive their GC) Please ignore them.

GCmuddu_H1BVaddu
04-09-2011, 04:26 PM
Can you guys drown me in red please. more reds.
Thanks for everybody's hard work on giving me reds

nimmithomas
06-21-2011, 05:44 PM
Hi Alex

I am in the same situation and filed the complain against my employer.
Now I am awaiting for the response from DOL.
Please let me know what happned to your case.

Presently I am in India, I left US after little long stay.

Please be in touch and guide me if you have anything.
I really appreciate.

prasad_2007
06-22-2011, 09:11 AM
I have kind of similar experience. I complained to DOL about my old employer in 2005.
I mailed a form (don't remember now) to DOL along with letter about my total experience with employer.

As soon as DOL gets a complaint they called me on my cell phone and opened a case.
Every six months a person used to call me and ask few questions.

In related to your case. Since you are in India they might email you ,unless you provide a US phone number.
You need to provide evidence that there is a communication between you and your employer. Also you need to prove that you worked for employer or engaged in job search. Any kind of evidence like Employer ID card or health insurance will also work.
By the way first thing they look for is your SSN on employer payroll.

In my case, Dol grilled my employer for 5 years. I was paid back wages in 2010.

Once you complain you can make a call to DOL and ask case status. A file will be opened once they received complaint and Case number will be there for you for tracking.

your employer looks like played safe. Clean murder. with no evidence.



Came to USA on H1B, paid for the H1B fees(at that time didn't know it was illegal to do so)
however after coming here , Paid for my own ticket and landed here on start of january 2011.

Confirmed my arrival to the employer too. Since my leaving the home country there has not been any mail correspondence from the employer , though i have been writing many. Talked to him over the phone and he said he wasn't responsible for my arrival as he doesn't have any project for me. Waited to get another job as a H1B TXFR but stuck with trnsfrs issues due to non availablity of paystubs from him.

I never reported to work as he said dont come to office, dont have any paystubs, but have all my H1B papers , I97 and Employment offer from that consultant. I have decided to leave back to my home country but not before reporting this blood sucker to DOL.

I need to clarify a few things before i nail these blood suckers

1. How long before i board my flight back home , should i send the documents to DOL

2. I have the originals of H1B filing and LCA and I94, are they rquired in originals
or copy to send to DOL

3. What other documents should i send alongwith

4. Do you think my case will get weaker if iam not here ? As i am flying back to my home country.

5. I dont want these suckers to go scott free, so how to build my case here , can i ask the DOL to recover my wages for 4 months i wasnt getting paid.


I do not care if i get any wages or not from them , but i really wanna see the locks on the gates of this company. They shouldn't take H1B and its applicant for scapegoats.

Any advices are welcome to help me bring these guys to justice.

kmaha
08-24-2011, 02:33 PM
Right now, this illegal business of H1 by these Indian consultancies is a hot topic and of utmost interest to American Government.

Try complaining to USCIS, FBI and IRS agianst the employer.

They will immediately act on these situations and close the business , fine them in millions so that they can not even recover.

Do not worry about how strong is your case. Think of severity of illegal business these consultancy companies are resorting to.

Who dares wins.

These consultancy people just play on employee psychology. They can not do anthing and do not have any guts.