H1b Transfer Or Go Back

[TSHIVAJI]

Hi,
I came to USA on March 27th, 2005 on H1B and reported to the employer on 29th. As the employer is also working at some other place and no other recruiting staff at his office (Operating from home), requested me to send resumes my self to the hiring agencies. I sent so many resumes and attended 3 interviews but could not get placement till today (Its almost 3 months). My employer has not paid any thing till date. When I approached him, he said that he will not pay an thing and even for the return ticket also. I stayed these 3 months at my relative's house. Now my question is : If I approach DOL regarding payment/charges for return ticket, are there any chances to get any thing from the employer. Any suggestions are welcome about how to approach. If proceed for Transfer of H1 to another Employer, Will there be any problems from INS.

TSHIVAJi

 

[great guru]

Hi,
I came to USA on March 27th, 2005 on H1B and reported to the employer on 29th. As the employer is also working at some other place and no other recruiting staff at his office (Operating from home), requested me to send resumes my self to the hiring agencies. I sent so many resumes and attended 3 interviews but could not get placement till today (Its almost 3 months). My employer has not paid any thing till date. When I approached him, he said that he will not pay an thing and even for the return ticket also. I stayed these 3 months at my relative's house. Now my question is : If I approach DOL regarding payment/charges for return ticket, are there any chances to get any thing from the employer. Any suggestions are welcome about how to approach. If proceed for Transfer of H1 to another Employer, Will there be any problems from INS.

If you are decided to go back you can approach DOL and inform INS also. You will get atleast your ticket and your employer will learn a good lesson and will not cheat others.
This action will not affect your future H1 at all ,either in US or coming once again from out side.

Transfer after 3 months, tough but you will get new H1.

If you decided to go ahead , do it now and make complaint both INS and DOL

You are going to loose nothing and you are doing great help to others.
.TSHIVAJi

 

[TSHIVAJI]

Thanks to Great Guru,
Yesterday, I visited the DOL Web site and found that there is a clause for non payment of salaries : As per the LCA, it's the Employer's responsibility to pay the wages even for non-productive period. If such a violation is occured, DOL will collect back wages from the employer and penalise such violations. Now my point is that: after collecting the wage dues from employer, will DOL directly deliver the amount to the complainant. If not, is there any procedure to get claim from DOL.
SHIVAJI

 

[great guru]

Thanks to Great Guru,
Yesterday, I visited the DOL Web site and found that there is a clause for non payment of salaries : As per the LCA, it's the Employer's responsibility to pay the wages even for non-productive period. If such a violation is occured, DOL will collect back wages from the employer and penalise such violations. Now my point is that: after collecting the wage dues from employer, will DOL directly deliver the amount to the complainant. If not, is there any procedure to get claim from DOL.
SHIVAJI

First employer will get penalized, during that period they will beg you to accept the balance money if they have money. If no money they have to close down the business. Not only that INS will make sure they will not hire any more H1 candidates.

 

[TSHIVAJI]

Before complaining to DOL, I once again pursued the matter with the employer regarding the salary due. He denied to pay and commenting that when I am not physically working, there is no question of payment arise. I tried to convince him but invain. During the initial stages he advised me to change the resume by replacing the indian project experience with fake american projects. I did the same thing to get the employment faster but could not succeed in the interviews. Now my doubt is : Will there be any problem from DOL that I have changed the resume as against the original resume (submitted during H1B filing) if an inspection is initiated.

 

[great guru]

Before complaining to DOL, I once again pursued the matter with the employer regarding the salary due. He denied to pay and commenting that when I am not physically working, there is no question of payment arise. I tried to convince him but invain. During the initial stages he advised me to change the resume by replacing the indian project experience with fake american projects. I did the same thing to get the employment faster but could not succeed in the interviews. Now my doubt is : Will there be any problem from DOL that I have changed the resume as against the original resume (submitted during H1B filing) if an inspection is initiated.

Resume nothing to do with DOL.
They brought you here, they have to pay you.

Employer trying to market you with gift wrapper(your resume), it is not your problem.

 

[depthcharger76]

Same trouble but been on bench for more than a year

I am also in the same situation but i have been here for a year and a half and my employer has decided to drop my H1. He said that he will only pay my airticket. I had major health issues which made me stay here for a while. Now he just wants to get rid of me. I am also approaching the DOL, INS and have spoken to an attorney. Are there any facts I need to know? Do please guide me also.
Thanks

 

[great guru]

I am also in the same situation but i have been here for a year and a half and my employer has decided to drop my H1. He said that he will only pay my airticket. I had major health issues which made me stay here for a while. Now he just wants to get rid of me. I am also approaching the DOL, INS and have spoken to an attorney. Are there any facts I need to know? Do please guide me also.
Thanks

If you are in the bench for a elongated time, you are not going to loose anything other than going back to home country. By your action with DOL / INS you are doing a great favor to others, so that the employer will not do the same thing to others.

 

[alertpersons]

I am also in similar boat. I would like to know if anybody has made a complaint to the DOL & what was the action taken against the Employer by DOL?

Thanks in Advance

 

[abeisty]

H1B Expiry

I am in a similar situation too in that my H1B expired on 3rd Janaury and the US Bank I have been working for, for almost 6 years terminated my contract with them on that date on the grounds that it would not be legal for me to work for them thereafter (they would not apply for a Greencard for me despite saying they would 2 years prior to this). They did not pay my airfare back to England, severance, nothing. Can I report them to INS/DOL at the least for not paying my airfare? The law is a little unclear on this.

 

[rkolmi]

CONTRACT WITH MY COMPANY with H1

Hi

I have questions regarding my h1B visa. Like I came on H1b and my employer and company is based in NJ. But now I'm working in California and filed employer filed new LC for california state.
I have signed contract saying that i wont leave the company for 2 years.
my employer is taking advantage of it not paying good salary in CA which expensive. I would like to know if i break contract and join main vendor in CA.
Does my present employer will create any problem or just i can change the company with new H1 transfer.. ? Can he sue me for breaking the contract..Please advise...


Thanks in advance!!!

 

[hipka]

Hi

I have questions regarding my h1B visa. Like I came on H1b and my employer and company is based in NJ. But now I'm working in California and filed employer filed new LC for california state.
I have signed contract saying that i wont leave the company for 2 years.
my employer is taking advantage of it not paying good salary in CA which expensive. I would like to know if i break contract and join main vendor in CA.
Does my present employer will create any problem or just i can change the company with new H1 transfer.. ? Can he sue me for breaking the contract..Please advise...


Thanks in advance!!!

It depends on the exact words of the contract. If it states that you have to pay him a reasonable amount if you leave him before 2 years then he is entitled to that amount. If it states that you cannot leave him before 2 yrs. no matter what the circumstances, then that contract is illegal as it violates 'at will employment' law. My suggestion, simply switch jobs after paying any amount indicated in the contract, thats it!