Very IMP for H1-B Workers - Complain Form to DOL

[kruz_patz]

Hello All,

I am also one of those victim's of desi consultancies. I was on H1B, never got on project, poor marketing and was never paid. Not only that He was also asking
for pay roll money (1500 a month) and if failed to pay him this amonut, and he will drop H1. These people can go upto any level, for threatning their employee's and keeping them under their wings. But when one goes on project, they will not even pay prevailing wage ---

Well for all these problems there should be a complain department or a form ? Because in USA, no one is above law.
Anyways, so here is the detail of what you can do:

http://www.dol.gov/whd/forms/wh-4.pdf -- WH-4, form which is mainly used to report alleged violations of H1-B employer's to DOL.

for example, if they are asking for payroll money, H1-B fee's, not paying you....etc and giving threats to drop H1-B.

Remember, if he drops your H1, it's his duty to provide you with one way air fare to your home country.

This information is my personal experience, and recently in april 2009 it has happened to me. I asked for my H1B fee's back, one way air fare and also asked him to give me a letter which clearly mentions that he gave me lay off because of bad economic situation. (In future you can show this letter to any immigration official so that you are not in fault)

I just thought to share this info, with you all who are either being victin or has been.

Good Luck --

 

[permfiling]

I want to sue the employer

My previous employer went through a layoff round in Fe 2010 and later I was the only person given a layoff notice in March 2010. I am on a H1-B visa and the company filed my PERM which was approved and was supposed to sponsor me for my permanent residency. The company did not have any vacation policy and was not given any vacation pay. Typically companies don't withdraw the H1-B visa but in mycase thy withdrew in end of july which I was not told about. In the meantime I found a new job who sponsored my H1-B visa but we came to know of the previous withdrawal only after the new company filed a change of employer petition for the old H1 visa. As per USCIS rules, if a H1 is withdrawn I am supposed to be given the travel costs to go back to my home country and pay until I held their H1 that is for 3 months of salary (may, june and july)


I talked to my previous employer law firm that they could have notified me prior to withdrawing my the H1-B and the attorney said it is as per law. I told the attorney that as per law, I need to get paid for travel to my home country which they did not and the attorney told me to contact the company.

I want to contact my previous employer to pay me the travel costs and to pay me the salary in may, june and july as the H1 was withdrawn end of july. I was thinking to file a lawsuit rather then asking the employer. I am currently on another company H1-B

Are there lawyers who deal with these kind of cases