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how to sue H1 consultant swindling with money
- Thread starter MehulKM
- Start date
JohnThomas82
Registered Users (C)
Employers taking money from Employees for immigration purposes when the employer is not the petitioner (example when Employee is not the petitioner is H-1b applications) is absolutely illegal. You can easily initial appropriate legal proceedings if you are in the United States. Being in a foreign country, it may be difficult but it is not impossible to bring the problem to the attention of DOL or USCIS. Bottomline, fradulent activity should not be tolerated at all
Thanks for your response.These guys use different possible illegal ways like taking money, clever though visible ways to discriminate(not responding to calls e-mails).
How a company has existed in US for so long I wonder.
---------may be many like you are paying them.
hey need to be blacklisted ASAP.
-----you can write to DOL and USCIS.
Many companies mostly in NJ, PA ,CA are fraud they also run the advertisement in Indian papers and advertise online.
You should have posted here before giving them money. To pay money for H1 is illegal and to get money for applying H1with USCIS is also illegal.
You are out of US and I don’t know how you can recover your money from them.
You can write to DOL or USCIS with complete information of company but DOL or USCIS is not going to recover your money, as they are not recovery agent.
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Not sure if there is much recourse for you here. This is a risk you took. It is illegal to pay for your own H1 petition and the company knows that too, so they know you can't do much here. If you complain to DOL or USCIS, there is a possibility they may take some action on the company but they might also ban you from entering the US in future, for fraud (since you paid for your H1). You may say that you did not know and all that but it doesn't matter.
What has happened, is that recently consulates and USCIS are cracking down on H1 bodyshoppers like this. So they are demanding a lot many documents before they can approve H1 visas and even after approval at the time of stamping. Now these companies don't want to risk themselves when there is an RFE or when the consulate asks for more documents, so they will abandon the case. Anyway they don't have anything to lose because they have already been paid for the H1 petition.
What has happened, is that recently consulates and USCIS are cracking down on H1 bodyshoppers like this. So they are demanding a lot many documents before they can approve H1 visas and even after approval at the time of stamping. Now these companies don't want to risk themselves when there is an RFE or when the consulate asks for more documents, so they will abandon the case. Anyway they don't have anything to lose because they have already been paid for the H1 petition.
-----------Not sure if there is much recourse for you here. This is a risk you took.
It is illegal to pay for your own H1 petition and the company knows that too, so they know you can't do much here.
If you complain to DOL or USCIS, there is a possibility they may take some action on the company
----------------DOL can take action against the company if person has any evidence that Company asked money for filing his H1 with USCIS. Evidence is must.
but they might also ban you from entering the US in future, for fraud (since you paid for your H1).
------------------------what fraud he did ?? Can the USCIS or DOL prove that he paid the money for his/her H1? USCIS or DOL has nothing against him/her as his/her H1 is not filed by that company .
You may say that you did not know and all that but it doesn't matter.
What has happened, is that recently consulates and USCIS are cracking down on H1 bodyshoppers like this. So they are demanding a lot many documents before they can approve H1 visas and even after approval at the time of stamping. Now these companies don't want to risk themselves when there is an RFE or when the consulate asks for more documents, so they will abandon the case. Anyway they don't have anything to lose because they have already been paid for the H1 petition.
Dude you are contradicting yourself, you say paying for H1 is illegal and then you say what fraud did he commit? I am sure the company is not stupid enough to leave any evidence that they have asked for money. If he says he did not pay for H1 then what is his basis for complaint to DOL. That the company is not willing to send proper papers for his H1, in that case DOL will say it is the company's choice. I know a lot of people have come into the US through bodyshopping companies, but sometimes people get caught in unfortunate situations like this. It is a risk they take. I fully pity Mehul here, but all I am saying here is that there is very little he can do without jeopardizing his future prospects to come to the US.To pay money for H1 is illegal and to get money for applying H1with USCIS is also illegal.
JohnThomas82
Registered Users (C)
Dude you are contradicting yourself, you say paying for H1 is illegal and then you say what fraud did he commit? I am sure the company is not stupid enough to leave any evidence that they have asked for money. If he says he did not pay for H1 then what is his basis for complaint to DOL. That the company is not willing to send proper papers for his H1, in that case DOL will say it is the company's choice. I know a lot of people have come into the US through bodyshopping companies, but sometimes people get caught in unfortunate situations like this. It is a risk they take. I fully pity Mehul here, but all I am saying here is that there is very little he can do without jeopardizing his future prospects to come to the US.
Ginnu is correct and I don't think there was anything that was contradictory. The beneficiary who suffered because of a fradulent employer has to prove that the employer committed fraud. This means that documentation will have to be provided to USCIS and/or DOL.
You are correct in saying that the beneficiary can do little, but the underlying assumption is that if the beneficiary can provide substantiative documentation, something can at least be done.
usually H-1b are broke bz what they earn lots of it goes back to employer to retain their jobs .....even if some one has money he is lucky but looks he is your Man :=)
Many companies mostly in NJ, PA ,CA are fraud they also run the advertisement in Indian papers and advertise online.
You should have posted here before giving them money. To pay money for H1 is illegal and to get money for applying H1with USCIS is also illegal.
You are out of US and I don’t know how you can recover your money from them.
You can write to DOL or USCIS with complete information of company but DOL or USCIS is not going to recover your money, as they are not recovery agent.
U are right some time back... I was approached by some one that give me 10k and I will bring my relative on H-1/b to usa confirmed ...I checked out the company and details and it was bogus lost of scams as well...my friends knows some one who works for USCIS and he was he told me that USCIS knows and they catch them and it does not get much publicity ...lots of bogus companies its not a matter or big or small all companies to some extend absue their existence...what can u ...I would say Jack Shit ...