h1b --- caught with a bodyshopping firm!!!!

S

sushmapatiala

New Member
I got job offer from a firm in USA which filed for my
H1B. They conducted their interview telephonically in
India and later offered me a job. Also they had asked
me to give my passport to them for visa processing and
asked me to sign a bond for 1 lakh for visa if I
refuse to go to USA.The company people booked my interview date, and met
me @Chennai handling all documents with my passport and asked me to quite a number of misinformation to the Consulate officer during Visa interview. Also they
told me NEVER to tell the consular that they met me @
India and also about their Indian operations and if
required also asked me to inform the consular officer
that all documents came from USA directly. And they
had given me another new offerletter just for the
interview.Later realising that it is a bodyshopping firm in USA and the list of projects they give are completely fake, and also since I feared for my personal safety
in India, I went to the consular officer and told him
that I am withdrawing my application without Prejudice
against United States of America. Now the company
people are threatening to sue me in India for the Bond as Ihavent taken up
their offer. They say that they have millions of dollars to back them up and they will take me to supremecourt also!!!!(quite farfetched) And are threatening me to surrender back all visa documents and come for amicable settlement by paying them. They are also planning to send 30 more
people to United States using these false information and luring people to sign bond and finally
bodyshopping them to other firms. The projects they
have mentioned are just namesake and I learnt that
their main occupation is sending all employees to work
for other companies which they are faking to consulate.

Can someone throw light on how to fight against this company? Will complaining to Consular offices in Chennai/Mumbai be helpful regarding their fake operations? These people seem to have been well gaurded in all aspects. If the file a case, can I send the case notice to Consular office which proves that the company had not informed Consulate about their operations in India?
 
1). Do not pay them anything or communicate with them. Don't answer their emails or phones. Make log of them.
2). Hire an attorney in Chennai.
3). Give in writing to the attorney what happened.
4). Your attorney will then communicate to the US consulate in Chennai and US Embassy in New Delhi. Then the consulate will listen. Your attorney will also include your written statement with the formal complaint against this fraudulent company. Explain how this company is fraudulently hiring Indians.
5). Write a personal letter to the US Consul General of India, New Delhi and send a copy of the same to US Consulate, Chennai and to your lawyer. Ask your lawyer the letter format. Explain how this company is fraudulently hiring Indians and how you got hired by them.
5). Ensure that action is taken by US consulate. Do this by following up with your lawyer and then lawyer communicating with US Consulate.
6). Always go through lawyer in such cases.
7). Any contract you already signed is moot, as it was based on hidden facts and defrauding you and the US Consulate. You have the right to bar this company from hiring you, by fraud. The US Consulate will thank you and your lawyer.
8). Ask the US company to give a letter from their US client that you will be working with the client. Take that letter and give it to the US Consulate. Ask the US Conslate to do Administrative Processing and check out this Client and the main US Company. Administrative Processing is done from Washington D.C.
9). Send an letter to the US Department of Labor (DOL). Explain them about all of the above and that you have communicated with the US Consulate and US Embassy. Ask them to start an investigation against this Company. Ask DOL to find out how much money per hour or per month, this Company has not paid their H1B employees, by keeping them on bench. Such companies do not pay their employees if there is no client, which is fraud in the eyes of DOL and the US Consulates.
10). There is no way that you should pay them. This Company is trying to threaten you. After all these above steps, and once you take real action, they will not be able to even talk with you.
11). Should any suit be filed against you in India, you already have a lawyer. Ask your lawyer to demand his expenses from the Company after the matter is resolved.

If they want the Rs. 1 lakh, let them clarify themseleves and prove their actions and innocence with the US Consul General, US Consulate, your lawyer and with the courts in India. They never can do that, as they are fraud and will get caught.

Remember, after 9/11, the US Consulates all over the world are always looking for such fraudulent companies and individuals. So you have nothing to fear.

This is my personal opinion. This is what I would do personally. Consult a lawyer or someone who has been through this.
 
Just ignore their calls and mails, they will never take u to court nor can sue u....

BUT, if you want to get a H1 and come into US, u have to think and work smart with these consulting companies and I think it was stupid on ur part to withdraw ur H1B
 
btw

it is nothing out of ordinary they asked you to do on projects, even american cosulting companies wth over billion dollar revenues do that. you not only missed this chance to come to US, but probably one down the line as you can expect more questioning as well..
 
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