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H1 Doubt

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  • H1 Doubt

    Hi All,

    Firstly thanks to all the mods, friends who helped me with all my doubts in past. I appreciate it guys.

    I have a new situation here. Quickly to recap, I got H1 in Sep 07 ( from F1 ) through a consultancy. I got job in another company B, so I applied for transfer of H1 to that company before Oct 1st and started working for B from Oct 1st. The consultancy guys dont know that I have applied for transfer or that I am working under payroll of Company B already. Belive me guys this consultancy is a real mess. He tried to rip off my friends. I already got approval for Company B. I haven't been in touch with consultancy since then. Now he is threatening that he would report to INS if I don't respond to him. Is there at all any potential threat from the consultancy if I dont respond to him ????? If he were to report to INS what can he report? In my point of view I am legally working. Am I missing something here?

    Please let me know I am confused and partially tensed.

    Thanks for all the help in advance.

  • #2
    Good job in getting away from this crook.He CANNOT do anything...period.
    You could have sent a resignation letter by email and faxed.You can do this or either send it in writing and sign it and mail it to him.Thats it. Good job what you have done!! haha glad to see some stupid consulting get a beating.Dont worry and move on.Contracts also are not valid and illegal in the US by law,if this joker comes up with some masala.
    Another thing I would like to know is,so you were on OPT before Oct1st? I am just trying to understand whether you did any work for this consultancy.And I mean it is so many months you ahve been working for the new employer,so hmm then the consultancy must have paid you right? Reading your post it looks like you started working for the first time with the new employer and never worked for the consultancy.So how did he find out you changed? He cant report you and all and you have legal status and you have the right to switch employers and do visa-transfers, its none of his business.But really good job again,I was on OPT last year and had to put up with a consultancy like how you mentioned and then moved on to Employer B.
    You are fine,so just relax and ignore this crack's scare tactics.Tell him you are not a 5 year old to get scared of his cheap tactics.I am sure this guy is a indian consulting company and am sure you can report him to DOL for harrassing I guess.He is digging his own grave.
    Last edited by topcatin; 01-08-2008, 12:11 PM.
    Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.


    • #3
      topcatin -- my friend,

      Thanks for encouraging me pal.. appreciate it.. i am a little relaxed now..

      here are the answers to ur doubts regarding my work ex.

      I am on OPT from may 07 to oct 07. I never ever worked for the consultancy.

      You guessed it correct, its a desi consultancy. He don't yet know that I switched employer and that I have transfered my H1 and started working already. He has no clue at all. Only thing is I haven't been contacting this desi consultancy since a long time. You know, he treats his employers with no respect at all. He uses racist slur. I really want to report to DOL which I will do in near future. I haven't worked for this guy a single day. I was jobless untill Sep 07, in Sep 07 I got a job thru company B and they applied for transfer of H1 before Oct 1st and I started working from Oct 1st. I haven't been in touch with this desi consultancy since long time. So he threatens me by saying he would report to INS and all. Do you think I need to fax him a resignation letter since I never worked for him nor I do have a paystub from this consultancy?

      Thanks a lot pal once again.. appreciate it very much


      • #4
        Your welcome and glad things have worked well for you. Never mind,just leave him and enjoy your new job.I had a bad experience with one of these clowns last year.You have done a superb thing..I tell you.
        He cant really do anything to you, so dont worry.Just move on and dont waste time taking him to DOL and stuff.I know I said earlier to report and stuff, it is just a waste of time to even talk or think about this crack.You are fine.So dont worry.Did you ever get to meet him and did you sign anything?
        Not that it matters .But it wont hurt to just email him and say tata.haha
        just for the records that you informed him.Actually you dont have to do all this,coz this is a chota consultancy.Ignore him.I would just send a letter saying tata.Just saying that you have resigned.that will do.
        To clear yourself and be 200% sure,you can get in tough with your current employer's attorney.Am sure he will also ask you to brush away this fellow's threats.There is ABSOLUTELY NOTHING he can do.I hope you havent paid anything for your H1 and have all your papers with you..meaning degree and all that.
        All the best!
        Last edited by topcatin; 01-08-2008, 12:47 PM.
        Note that this is not a legal advice. Consult your immigration attorney for the best upto-date information.