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View Full Version : Whistleblower Retaliation - Need help!!


pranaykumar
12-04-2015, 03:10 PM
Hello this is Pranay , I need help with current issue that I have in hand from my wife's employer.

She is on H1b for company X ( based in New Jersey ) and works with client Z with Prime vendor Y in between . She has been working with same tiers for over 4.5 years now ( 1.5 years on OPT and 3 years on H1b , 3 months on a low level project and 4.2 years on high skill project )

After our marriage , I noticed that she was getting underpaid for the work she is doing and reported back to DOL via a WH4 case along with various other claims ( in october 2014) . DOL ruled the verdict in our favor and informed the employer to pay backwages of $18k and asked them to amend the LCA for h1b extension and re-file the h1b extension back in September. DOL Close the case in October 1st week and unfortunately we did not recieve conclusion document on the case after they closed it ( chances lost to re-open the case) .

Her H1b expires on October 1st and I-94 on October 10th .

She has been sending emails to my employer starting from August 7th to let her know the status of my h1b extension , and few more in October asking about new LCA and H1b extension status.

An anticipated event did happen on November 2nd week when Prime Vendor Y gave courtesy message to my wife that her project will end on November 30 and already informed my Employer X . And she tried working with the manager at Client Z and they were on a verge of getting her contract extended , but some thing else happened on November 27th where Client Z manager replied back to her that Prime Vendor Y is not allowing them to give her a new project.


So my wife has informed her employer that she tried and could not secure another contract as an FYI . The employers immediate reply was that her job is terminated .

Concern 1 : The employer has made no attempts to secure another project or informed my wife that the project will end until after my wife replied to them about unsuccessful attempts . Even after they knew that it is happening .

The manager at Client Z did same things he has done 4.2 years ago to find a new project that is worth herskill set . But the same Prime Vendor Y did not allow me for some unmentioned rules when they did allow her 4.2 years ago .

Prime Y is Indian company and Employer X is Indian . It is obvious on what these guys have done now .


Concern 2 : They are not providing H1b extension information or LCA information event after multiple requests on emails and phones .

They are so arrogant that they dont even care if I CC the DOL investigator in her recent emails that went unreplied for over 3 days now .


Concern 3 :

I am trying to get her converted to H4 , but the basic info needed to fill form i-539 on H1b status and extended I-94 is not being provided . So based on the info I have she is officially out of status since 54 days ( i94 expiration ) .


What I did so far :

Filed a retaliation case to DOL
Filed a retaliation and discrimination case to EEOC
Took an appointment at USCIS office next week for face to face discussion



What I want :

1) I am completely not satisfied with wagelevel determination in LCA , she plays a lead role (even trains people who are 15 years experience ) and she gets paid $50K with no benefits or vacations ( Now changed to $60K after DOL determination ) . Since there is a recent LCA violation that just happened less than a month ago , I want someone who can get this extracted from her employer and back track it from first day of her H1b as job role did not change .


2) I need them to be paying for the retaliation and trauma they are causing now .

3) I need to bring forward some of the weird things they have done in regards to taking money in cash for h1b and all that even DOL is aware of last year but did not want to look further .


Note : My wife has genuine work experience , she went in as a fresher with MSEE degree on OPT and her client Z decided to put her on complex tasks as it is worth her degree and skill level demonstrated in a short time period ( 3months) , and this is what she has been doing for last 4.2 years .




Who is up for taking on this case ????

pranaykumar
12-04-2015, 03:15 PM
DOL case verdict was given less than a month ago in our favor .