Help me!

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mike143

New Member
I came to USA on 30th Dec’2006 , from there…, I successfully completed my Masters, in 2007, I got Approved my H1-B visa Oct,2008.
From here, no job for me on H1-B, I am on bench from Oct’2008 to Nov’2009, but employer has given me W2 for 2008 for (nov & dec) and 2009 W2 for (dec). He didn’t pay me when I am on bench.
In 2009’ -Dec, I got an offer from one of the client and I successfully completed my project for 6 and half months period, recently completed on June 14th 2010.
He paid my salary for dec, Jan and Feb- 2010 that’s it. Even he didn’t give any pay stubs for the months, now he is saying that, I have to pay $ 2700 for the W2 for the year 2008, i.e. at that moment I am on bench, he paid the tax for the month of Nov and dec- 2008.
My Question is:
Now, I want to change my status from H1-B to F1, I got an Admission from one of the University, H1-B is still in active status, it is not terminated by employer.
After changing my status from H1-B to F1, Can I file a WH4 form on my employer, on the reason mentioned below?
1] Why should I pay $2700 for W2 for the year 2008?
2] I need all my pay stubs from Dec-2010 to June-2010.
3] I want my all wages from Oct’2008 to Nov-2009. When I am on bench time.
Am I eligible to file WH4 after changing the status from H1-B to F1.
The reason behind why I am changing status from H1-B to F1 is (instead of transfer to another employer), at this moment I don’t want to trust any employer in US at this moment.
After sometime … again I ll change my status from F1 to H1-B, If any good employer can file my H1-B.
I don’t know what is happening with my H1-B status, In future, if I apply for Green Card … If USCIS see my status on H1-B without paystubs, in the year 2008 and 2009, they ll definitely reject my Green Card.
So, Please Seniors help me on the above Issue as soon as Possible.
 
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The problem is not the employers; the problem is YOU! It's people like you who make it difficult for every other person on an H1B visa. When you realized you were not being paid (and were not working) you should have been upfront about it but instead you stayed quiet. You were a willing participant in fraud and you should be (and I hope you eventually are) DEPORTED.
 
I know , I did a mistake, tell me if you are in my place , what you do? plzz give me the solution, experts plz help me.
 
If you are currently out of status, no change of status will be approved.

No one on this forum has a crystal ball to tell you how your violation of the regulations will affect your future dealings with US immigration. You need to consult an attorney. He/she may be able to tell based on your actual offences and the current tendencies of the immigration system.

No one is guaranteed a life in the US. Quite frankly, US citizens and guest workers who are following the laws are frustrated by people like yourself violating the laws and then wanting "forgiveness". You now have to make the best of the situation you created for yourself. You should consider returning to your home country or seeking a life in another country if the stress and uncertainty of your illegal actions is a problem for you.
 
Questions for you

Hi Experts
& Concerned4us,

I accept my fault, your are saying, US Citizens, Guest Workers are facing problems because of us, I have a questions for you,

1] Why dont US Citizens, guest workers put a petition infront of USCIS, to ban this type of consultancies.
2] Today 90% of people applying jobs with fake experience, why they dont take action on this, even US client know, they are fake.
3] Please solve this actions, Just I asked a solution to my question, I mentioned there, H1-B is not terminated by employer, Is there any change of changing my status.
Not only me facing this situation, 70% of people are facing this type of problems. Even my employer is a Citizen in USA

leave about me, I ll go back to my home country, think about coming future, If this not solved this type of problems, we have to face every day, i mean each day you are going to face this problems.
Mistake is with US citizens and Experts not with temporary workers here. What is the use of this forum?
I am not insulting anyone in this forum, Just am explaning the situation around us.

Thanks for your answers
 
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mike143 said:
Hi Experts
& Concerned4us,

I accept my fault, your are saying, US Citizens, Guest Workers are facing problems because of us, I have a questions for you,

1] Why dont US Citizens, guest workers put a petition infront of USCIS, to ban this type of consultancies.
2] Today 90% of people applying jobs with fake experience, why they dont take action on this, even US client know, they are fake.
3] Please solve this actions, Just I asked a solution to my question, I mentioned there, H1-B is not terminated by employer, Is there any change of changing my status.
Not only me facing this situation, 70% of people are facing this type of problems. Even my employer is a Citizen in USA

leave about me, I ll go back to my home country, think about coming future, If this not solved this type of problems, we have to face every day, i mean each day you are going to face this problems.
Mistake is with US citizens and Experts not with temporary workers here. What is the use of this forum?
I am not insulting anyone in this forum, Just am explaning the situation around us.

Thanks for your answers
Click to expand...

This is not true! Never in my experience have I or any member of my family EVER presented a resume with false qualifications. A reputable employer will FIRE FOR CAUSE any employee found to have falsified credentials. I have seen this done; a person (USC) fired for cause would not qualify for unemployment benefits. This is a serious offense in the legitimate US business community. The perceptions that you have demonstrate that US workers have good reason to distrust H1B applicants even though most are honest and moral individuals. " A few rotten apples spoil the entire barrel".

US workers are not the problem.

If you cannot get a job without LYING, you need to return home and get the experience you need.
 
I'm going to have to agree with Concerned4Us on this one. Lying on resumes does happen, but it is the very rare case and not the norm. Also, as mentioned, if you are caught lying on your resume there will be severe repercussions. I can only imagine how those repercussions would impact a foreign worker.
 
1. Your transfer of status from H1B to F1 will not change your right to seek pay stubs or payment from your employer. You can go ahead with F1 as a separate story.
2. To collect pay stubs and potentially the payments that were promised to you but were not delivered, you will need to pursue help from labor agencies. You may or may not be accused of illegal presence in USA, because you say that your H1B was never revoked, hence it is your employer that was performing illegal activities by not factually employing you. You could, but were not obligated to inform USCIS if your employer failed to provide factual employment, so I believe it is your employer that will be persecuted.
Transitioning into F1 may help you to maintain legal status during the investigation. Without F1, the moment you expose the illegal activities of your employer to USCIS or other agency, your H1B will be evoked.

I sympathize your situation. There are firms that sell fraudulent H1Bs. While the buyers usually know they are not doing the right thing, it will continue to happen out of need while these firms are allowed to exist.
 
Btw, you can tell your employer: if he refuses to provide you a salary and pay stubs, he has to buy you an air ticket to get you home. He should better part with you on your terms (legally), otherwise report him using W4.
It sounds like you absolutely can and should use W4 against him.
 
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