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mps
08-14-2008, 08:03 AM
In 2004 my wife's consulting company started her LC process with an agreement that, my wife would pay for all the cost related to LC, directly to employer's attorney. In return she can join her current client without impacting her GC process; consulting company would continue to sponsor her GC. She did join her client with employer's consent at a later date after starting her LC.

Her LC got approved, I think, 3 to 4 months before LC substitution was banned. As long as she was writing checks, attorney office kept her in the loop. All of a sudden attorney office stopped returning her calls and e-mail. This prompted her to contact PBEC, only to find out that her LC was approved. When she contacted consulting company they didn't return her call at all, after talking to her for the first time. I'm sure that LC got sold.

So far my wife has contacted labor department and Sheela Murthy's law office to see if she can file any case or law-suite against the company. The answer we are getting that, from immigration-law standpoint employer can substitute LC legally.

My question is - can we file a case against employer for fraud and cheating? We have saved each and every receipt, checks, emails exchanged. However there is no written agreement between employer and my wife.

Kindly post your views !

(Note # By God's grace I had started my new LC with my new employer and our 485 is pending now)

wandmaker
08-14-2008, 09:10 AM
In 2004 my wife's consulting company started her LC process with an agreement that, my wife would pay for all the cost related to LC, directly to employer's attorney. In return she can join her current client without impacting her GC process; consulting company would continue to sponsor her GC. She did join her client with employer's consent at a later date after starting her LC.

Her LC got approved, I think, 3 to 4 months before LC substitution was banned. As long as she was writing checks, attorney office kept her in the loop. All of a sudden attorney office stopped returning her calls and e-mail. This prompted her to contact PBEC, only to find out that her LC was approved. When she contacted consulting company they didn't return her call at all, after talking to her for the first time. I'm sure that LC got sold.

So far my wife has contacted labor department and Sheela Murthy's law office to see if she can file any case or law-suite against the company. The answer we are getting that, from immigration-law standpoint employer can substitute LC legally.

My question is - can we file a case against employer for fraud and cheating? We have saved each and every receipt, checks, emails exchanged. However there is no written agreement between employer and my wife.

Kindly post your views !

(Note # By God's grace I had started my new LC with my new employer and our 485 is pending now)

You can not file a case against the employer doing LS, but making you pay for labor is illegal in DOL eyes that is the only positive point you got in my eyes. Your wife started working for the client, which is obvious she will not be joining GC sponsoring employer anyway. All you have lost is money (& time ofcourse), and that's the price for two edged sword deals. Consult an experience attorney and see if anyone can do what you are looking for.

willigetagc
08-14-2008, 10:18 AM
In 2004 my wife's consulting company started her LC process with an agreement that, my wife would pay for all the cost related to LC, directly to employer's attorney. In return she can join her current client without impacting her GC process; consulting company would continue to sponsor her GC. She did join her client with employer's consent at a later date after starting her LC.

Her LC got approved, I think, 3 to 4 months before LC substitution was banned. As long as she was writing checks, attorney office kept her in the loop. All of a sudden attorney office stopped returning her calls and e-mail. This prompted her to contact PBEC, only to find out that her LC was approved. When she contacted consulting company they didn't return her call at all, after talking to her for the first time. I'm sure that LC got sold.

So far my wife has contacted labor department and Sheela Murthy's law office to see if she can file any case or law-suite against the company. The answer we are getting that, from immigration-law standpoint employer can substitute LC legally.

My question is - can we file a case against employer for fraud and cheating? We have saved each and every receipt, checks, emails exchanged. However there is no written agreement between employer and my wife.

Kindly post your views !

(Note # By God's grace I had started my new LC with my new employer and our 485 is pending now)

No there is very little that can be done in the absence of a written contract. Also, I presume, you did'nt get it in writing from the employer that it was okay to join the client.

Understand that most consulting firms will not object if a client absorbs their employees if there is scope for repeat business. But that does not mean that they will not be displeased at the loss of revenue for themselves.

In any case, LC belongs to them and they have every right to use that as an incentive for another employee.

I am surprised why you did'nt wait until I140 was filed and approved before joining the client.

sdrblr
08-14-2008, 10:38 AM
I see why not.. The question mps is asking not suing the employer based on LC nor cheating them for joining the client.
He wants to sue them for making them pay for his wife's Labor certification.

mps ..if you say YES to below, I think you can talk to an attorney

Do you have proof that the checks you gave them was for labor certification cost (like a memo on the check)
Do you have anywhere in writing that you will pay for the labor certification

You can also talk to the employer if your wife had to pay for her H1 ever

solaris27
08-14-2008, 11:34 AM
share company name

mps
08-14-2008, 11:45 AM
Company name was GCI located at,

www.g-c-i.com

25 Airport Road
Morristown, NJ 07960


Now they have changed name to Collabera,

Current URL is,

http://www.collabera.com/

watch out for these folks !

mps
08-14-2008, 11:47 AM
I see why not.. The question mps is asking not suing the employer based on LC nor cheating them for joining the client.
He wants to sue them for making them pay for his wife's Labor certification.

mps ..if you say YES to below, I think you can talk to an attorney

Do you have proof that the checks you gave them was for labor certification cost (like a memo on the check)
Do you have anywhere in writing that you will pay for the labor certification

You can also talk to the employer if your wife had to pay for her H1 ever


Yes we do have proof that checks went to attorney for cost of LC. Infact we do have a bill from Attorney too.

We do not have any where in writing that my wife would pay for LC.

mps
08-14-2008, 11:49 AM
No there is very little that can be done in the absence of a written contract. Also, I presume, you did'nt get it in writing from the employer that it was okay to join the client.

Understand that most consulting firms will not object if a client absorbs their employees if there is scope for repeat business. But that does not mean that they will not be displeased at the loss of revenue for themselves.

In any case, LC belongs to them and they have every right to use that as an incentive for another employee.

I am surprised why you did'nt wait until I140 was filed and approved before joining the client.

Well, joining the client was never an issue because only on this condition the consulting company is in preferred vendor list (i.e. client has option to hire).

anilvt
08-14-2008, 11:52 AM
one of my buddy works for collebra in india ....

willigetagc
08-14-2008, 12:03 PM
Well, joining the client was never an issue because only on this condition the consulting company is in preferred vendor list (i.e. client has option to hire).

Well, as long as you don't have any other contractual obligations (like your contract saying that you should not join the client or you should give certain notice periods etc) you should be able to get back what you spent fairly easily.

The point is as long as the company has nothing where they can ask for a counter-claim, you can simply write them a letter asking to be reimbursed of the expenses since they are not supposed to make you pay for the Labor approval expenses. Using words like unlawful, illegal, according to DOL/USCIS regulations xyz, in your letter will make sure the check is sent prompty.

Other options you might have
* sue in a small claims court to be reimbursed (check for your state laws)
* sue in a regular court for a larger amount for the damages and distress caused
This might be harder to prove and there might not be much money for any attorney to take up.

Spend a consultation fee and check with some local immigration attorney.
Not Sheela Murthy & friends, who are busy raking in the moolah merely by filling 140, 485 forms and would'nt care much for a small case.

gc28262
08-14-2008, 12:31 PM
Company name was GCI located at,

www.g-c-i.com (http://www.g-c-i.com)

25 Airport Road
Morristown, NJ 07960


Now they have changed name to Collabera,

Current URL is,

http://www.collabera.com/

watch out for these folks !


GCI is indeed a big bad company. I worked as a sub-contractor through them. However they are preferred vendors for many clients. I wonder how such companies become preferred vendors in US.

thomachan72
08-14-2008, 12:39 PM
Yes we do have proof that checks went to attorney for cost of LC. Infact we do have a bill from Attorney too.

We do not have any where in writing that my wife would pay for LC.

If the employer / atorney has accepted a checque from your wife (no more proof is needed) then they are screwed. Now regarding the fact that your wife left the comp immediately following 140 application only indicates that 140 need be cancelled since it can no longer be transfered. We are free to move companies legally. Filing 140 does not bind you to stay with the company except that your GC process will be cancelled. However, making teh employee pay for the expense is similar to accepting bribe and granting a favor. They will be banned for a certain period if the uscis finds this out.

But anyway why did your wife not apply with the new company? Either way you should have known that shifting jobs before 140 approval and 485 filing will cancel the whole process. Most of us are worried of shifting jobs even after getting an EAD / 180 days post 485. Best of luck.

thomachan72
08-14-2008, 12:52 PM
Spend a consultation fee and check with some local immigration attorney.
Not Sheela Murthy & friends, who are busy raking in the moolah merely by filling 140, 485 forms and would'nt care much for a small case.

I liked your last sentence. It is time that the fee that these folks charge be regulated. Are they actually paying tax for the money they rake in? Most attornys make well over 10000 just for the GC process. of course they make a lot from the H visa previously. And all they do, as you mentioned, is arrange the documents that we send in. Wow its unimaginable the way they are looting. why shouldn't doctors charge exorbitant amounts of money for surgery and let poor folks die if they cant pay? This is a vicious cycle of social oportunism that we are facing these days. lets pray it ends some day. if you think about this-- why shouldn't the USCIS itself initiate this application process and make money out of this. The whole filing is just a clerical job that any undergraduate can do easily. Has any of us ever used an attorney regarding any legal issues for immigration. The answer is an astounding NO!! All we get help for is to arrange the documents and mail it to the right address and even that many attorneys do it incorrectly:D

gcbikari
08-14-2008, 12:58 PM
Your wife can talk to the employer and ask for refund saying that you have receipts (if they dont respond tell that u'll report it to labor dept., and will proceed legally). After one year he cannot threaten your wife for joining the client, he'll definitely loose the case. Since employer has right for labor substitution he can do it, but you can get ur money back saying you can prove that they are at fault.

NKR
08-14-2008, 01:04 PM
Both employer taking money and employee paying money could be illegal, but taking money for LC and using/selling it for another is so cheap, how can anybody stoop so low?.