H1 visa filed without consent

[phdstudent123]

Hello,
i am currently in a really weird situation. I was approached by a company (Swanzo Care Diagnostics). They said they will file my H1B visa for $20000. Once the visa has been filed, they would provide me a position at their company with a decent salary. I sent them my paperwork as per their H1B checklist and their application for employment form. They then provided me with an offer letter which i DID NOT ACCEPT. I told them not to proceed as i had second thoughts about this. Now i've been told that they have filed my H1B visa. This is something that i did not approve at all. Now i'm being blackmailed by them stating to pay a certain amount before they will withdraw the application. If i dont pay then they are threatening to make things worse. the latest communication i received from them was "We are going ahead with visa petition non withdrawal. You will be solely responsible for all consequences of revoking permissions henceforth".
Please advise as i am clueless as to what to do now! i am a graduate student on F1 visa and would like to be so until i finish my studies.

Thanks in advance

[raghvi]

Hello,
i am currently in a really weird situation. I was approached by a company (Swanzo Care Diagnostics). They said they will file my H1B visa for $20000. Once the visa has been filed, they would provide me a position at their company with a decent salary. I sent them my paperwork as per their H1B checklist and their application for employment form. They then provided me with an offer letter which i DID NOT ACCEPT. I told them not to proceed as i had second thoughts about this. Now i've been told that they have filed my H1B visa. This is something that i did not approve at all. Now i'm being blackmailed by them stating to pay a certain amount before they will withdraw the application. If i dont pay then they are threatening to make things worse. the latest communication i received from them was "We are going ahead with visa petition non withdrawal. You will be solely responsible for all consequences of revoking permissions henceforth".
Please advise as i am clueless as to what to do now! i am a graduate student on F1 visa and would like to be so until i finish my studies.

Thanks in advance

Have you signed any employment contract with them? Have you paid any amount for the H1?

[phdstudent123]

Have you signed any employment contract with them? Have you paid any amount for the H1?

No, I did not sign any contract with them. I did not even sign the offer letter they provided. But I did sign the H1B checklist form which they said was to check if I qualify for the H1 visa or not. And I did not pay them anything but now they are asking me to pay a huge amount or else they wont withdraw the petition.

[raghvi]

No, I did not sign any contract with them. I did not even sign the offer letter they provided. But I did sign the H1B checklist form which they said was to check if I qualify for the H1 visa or not. And I did not pay them anything but now they are asking me to pay a huge amount or else they wont withdraw the petition.

Its not that you didnt "agree". You did provide them with your Passport details, experience, educational certificates etc. The employer did go ahead and make arrangements for a COS and had to spend time, effort and money for it. But now you are having different ideas they certainly wouldnt like it. But then that is the nature of this arrangement, sometimes employer gets different ideas sometimes employee....

You can always nullify the COS by doing a leap frog. Leave US just before COS start date and return after COS effective date on F1 visa. You can also complain to the DOL against the employer.

This is my opinion not legal advice.

[phdstudent123]

Its not that you didnt "agree". You did provide them with your Passport details, experience, educational certificates etc. The employer did go ahead and make arrangements for a COS and had to spend time, effort and money for it. But now you are having different ideas they certainly wouldnt like it. But then that is the nature of this arrangement, sometimes employer gets different ideas sometimes employee....

You can always nullify the COS by doing a leap frog. Leave US just before COS start date and return after COS effective date on F1 visa. You can also complain to the DOL against the employer.

This is my opinion not legal advice.

Thanks a lot for your advice, would surely keep that it mind.

[help4]

help for similar situation

Hello,
i am currently in a really weird situation. I was approached by a company (Swanzo Care Diagnostics). They said they will file my H1B visa for $20000. Once the visa has been filed, they would provide me a position at their company with a decent salary. I sent them my paperwork as per their H1B checklist and their application for employment form. They then provided me with an offer letter which i DID NOT ACCEPT. I told them not to proceed as i had second thoughts about this. Now i've been told that they have filed my H1B visa. This is something that i did not approve at all. Now i'm being blackmailed by them stating to pay a certain amount before they will withdraw the application. If i dont pay then they are threatening to make things worse. the latest communication i received from them was "We are going ahead with visa petition non withdrawal. You will be solely responsible for all consequences of revoking permissions henceforth".
Please advise as i am clueless as to what to do now! i am a graduate student on F1 visa and would like to be so until i finish my studies.

Thanks in advance

Hi, I am kind of in similar situation. I have been offered a job by the same company but they are asking for a big amount to be paid for some certificate training. So I want to know if your matter has been resolved? do you trust this company? Should I take this offer? Any help will be appreciated. Thanks!!

[ladybird3]

guidance required for same situation

Hi, I am kind of in similar situation. I have been offered a job by the same company but they are asking for a big amount to be paid for some certificate training. So I want to know if your matter has been resolved? do you trust this company? Should I take this offer? Any help will be appreciated. Thanks!!

Even I am in the same situation. Swanzo Care Diagnostics sent me email stating employment is confirmed but I need to complete FDA program at my expense and complete 2 week training. It seems first my paid internship would go for six months and then they mentioned that they will file H1B. They are yet to mention about the training cost and salary details.

I am not sure whether to believe this company and its authenticity. Please advise asap!

[help4]

hi ladybird,

Even I am in the same situation. Swanzo Care Diagnostics sent me email stating employment is confirmed but I need to complete FDA program at my expense and complete 2 week training. It seems first my paid internship would go for six months and then they mentioned that they will file H1B. They are yet to mention about the training cost and salary details.

I am not sure whether to believe this company and its authenticity. Please advise asap!

I can only say that I didn't trust this organization, as an authentic organization will not ask for any paid training. This is what everybody suggested me and I gave up their offer. Now its upto you if you want to take the chance of risking money. Good Luck!!!