Complaint against employer to DOL

J

justsee

New Member
Hi,

I am in US on H4 visa from last 2.6 yrs now. I applied for H1-b and my H1-b got approved and valid from Oct 2008. My employer took $3000 deposit to file for my h1-b and now asking me $1300 more to apply for my new I-94 and to hand over my I-797. After having lot of conversation with him i finally took decision to filed a complaint against him to Department Of Labor. To keep my status valid in US i have extended my H4 visa. As my H1-b application was a fresh application it does not have I-94 with it.

Now my question is -

My employer told me that he will cancel my H1-b if i don't pay him money.
Can i check my H1-b visa status if he has canceled it or not ? Is there any site or any USCIS number where i can get my H1-b visa status information...?

I desperately need help on this.

Thank you in advance.
 
justsee said:
Hi,

I am in US on H4 visa from last 2.6 yrs now.
I applied for H1-b and my H1-b got approved and valid from Oct 2008.
My employer took $3000 deposit to file for my h1-b
-------------Can you produce any evidence that employer took $3000 deposit from YOU to file your H1 petition??

and
now asking me $1300 more to apply for my new I-94 and to hand over my I-797.
--------------------------Can you produce any evidence that employer is now asking $1300.
After having lot of conversation with him i finally took decision to filed a complaint against him to Department Of Labor.

To keep my status valid in US i have extended my H4 visa.
As my H1-b application was a fresh application it does not have I-94 with it.
----------------------How the employer can apply new I-94?
Now my question is -

My employer told me that he will cancel my H1-b if i don't pay him money.
--------------------Do you have any evidence what he said?
Can i check my H1-b visa status if he has canceled it or not ?
-----------you can check online status if you have Approval or filing reciept#

Is there any site or any USCIS number where i can get my H1-b visa status information...?

I desperately need help on this.

Thank you in advance.
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Can you produce any evidence that employer took $3000 deposit from YOU to file your H1 petition??
-- Employer took $3000 as security deposit to secure joining his organization after H1 Approval and it is mentioned in agreement as 100% refundable.


Can you produce any evidence that employer is now asking $1300.
Employer was asking this money over phone only. However, I have a email in which i have asked about explanation. Out $1000; I have mail asking $300 for filing change of status.


How the employer can apply new I-94?
By filing Change of Status from H4 to H1 since H1 is approved.

Do you have any evidence what he said?
Partially thru email communication.

you can check online status if you have Approval or filing reciept#
I have checked and know that it is approved.

I have a question; can he file for h1 cancellation? how much time usually takes to cancel h1 visa.?
 
justsee said:
Can you produce any evidence that employer took $3000 deposit from YOU to file your H1 petition??
-- Employer took $3000 as security deposit to secure joining his organization after H1 Approval and it is mentioned in agreement as 100% refundable.


Can you produce any evidence that employer is now asking $1300.
Employer was asking this money over phone only. However, I have a email in which i have asked about explanation. Out $1000; I have mail asking $300 for filing change of status.


How the employer can apply new I-94?
By filing Change of Status from H4 to H1 since H1 is approved.

Do you have any evidence what he said?
Partially thru email communication.

you can check online status if you have Approval or filing reciept#
I have checked and know that it is approved.

I have a question; can he file for h1 cancellation?
-------YES
how much time usually takes to cancel h1 visa.?
-------------------USCIS cancel/revoke the H1 Petition according to the date written on employer letter. If employer sends the letter with date 22 December 2008 and letter reach USCIS on 24 December and USCIS take action on letter on January 4, 2009 then the revocation date will be 22 December 2008.
Click to expand...

If your H1 was approved without I-94 then you were supposed to go out of US ,get H1 visa stamp and enter on H1 status and were supposed to work with employer on H1 status. The amount you wrote is security deposit so that after getting H1 through employer you don’t change employer next day. You and your employer signed the contract and I don’t think DOL can do anything for the contract that is signed by you. If you worked with Employer on H1 and employer does not pay you then DOL can recover your wages. If you worked with employer on H1 then your security deposit can be returned by employer according to your contract.
Ask the employer that you want to go out of US and will get the H1 stamp from US consulate then enter on H1 status and will work with him.

why the employer in past did not file from H4 to H1 Change of status??
 
I could not be able to go out of US since employer is not ready to give visa approval notice. I dont have any legal documents received from employer attend visa interview. He asked me more money ($1300) to handover these documents. Isn't it violation of law to ask candidate to pay money to release visa approval notice or any other document require for visa approval notice.
 
justsee said:
I could not be able to go out of US since employer is not ready to give visa approval notice.
----------------------May be he does not have job for you.
I dont have any legal documents received from employer attend visa interview. He asked me more money ($1300) to handover these documents.

-------------------May be you requested employer to file H1 for you and you agreed to pay the amount 3000+1300. You are not paying the agreed balance amount and employer is not giving H1 approval notice. I know only what you are posting and employer may have different story. I have seen many cases where H4 holder request employer to file H1 by paying the amount for H1 and most of the employers are desi employers.
Isn't it violation of law to ask candidate to pay money to release visa approval notice or any other document require for visa approval notice.
-------------------Employer files H1 petition and if H1 employer does not have job once H1 gets approved he may not provide you H1 documents. It is gray area if employer must give you documents if employer does not have job. You can contact your spouse company lawyer for more info. I don’t think DOL will help you. It is your mistake to pay the employer for H1 petition filing.
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Thank you very much for your valuable comments.

Just for information, I already worked in india and he himself contacted me, took my interview and selected me for H1. As per our agreement he never mentioned abt any money for filing I-94 and releasing documents. he was suppose to place me and after 6 months suppose to refund 3000$. But as he didn't applied for my I-94, how can i get SSN and start applying fro jobs..?

Abt emplyer side story, i think most of desi employers are don't have any ethics...they just want money in simple ways..
 
justsee said:
Thank you very much for your valuable comments.

Just for information, I already worked in india and he himself contacted me, took my interview and selected me for H1.
As per our agreement he never mentioned abt any money for filing I-94 and releasing documents.
--------------You are mixing I-94 with H1 petition filing .I-94 and H1 petition are different. I don’t know where the agreement was signed. If nothing was mentioned in agreement for the money then why you paid money to him??. is was you who paid to him and nobody forced you to pay him. DOL has nothing to do with that. if still confused go to good lawyer with all papers and evidence of money paid to him.

he was suppose to place me and after 6 months suppose to refund 3000$. But as he didn't applied for my I-94, how can i get SSN and start applying fro jobs..?
------------------------ you have filed H4 extension and are on H4 status you cant get job on H4 status and cant get SSN on H4 status.

Abt emplyer side story, i think most of desi employers are don't have any ethics...they just want money in simple ways..
--------------They don’t have ethics and many are cheats. The person who gives money to US employer to file H1 Petition is also a cheat and don’t have ethics.
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