H1 b problem urgent

[rajukomaturi]

Hi ,

I came here on jan 2008 and got two pay stubs and transfer to company B,

i work for 2 months with company B and they terminated me because they didn't find job for me,but still my h1 transfer is in pending.

Employer B said, we will notify the INS after 1 month for revocation.

After happening this,i contacted my employer A and they ready to take me and they said still maintains my visa.Now i m going back to india for some reason.

Can i back to US with employer A?

Regards,
Raj

[meetmeatohio]

Yes

You should be able to get back in the US with the previous I797. But make sure your previous employer still has your H1 with them.

[txh1b]

But not getting paid and remaining on H1 puts one out of status and will cause problems in the future. H1b requires one to be paid all the time, that is the law!

[meetmeatohio]

I agree

txH1B - I agree with no second thought.

But not getting paid and remaining on H1 puts one out of status and will cause problems in the future. H1b requires one to be paid all the time, that is the law!

[txh1b]

I did not say that because I thought you were disagreeing with me. I just wanted to point out that OP was out of status.

[StopH1bAbuse]

Friends,

Be aware of your rights. Charging for H1B processing is illegal. Charging for any training is ILLEGAL. NOT PAYING ON BENCH IS ILLEGAL. To make things simple for you I am listing all the lawsuits from the following site and summarizing the findings. Dept of Labor has it very clear. Not paying on becnh is illegal. A person is considered on bench if the employment is not properly terminated.

Look at all these cases

http://www.oalj.dol.gov/PUBLIC/INA/REFERENCES/CASELISTS/LCA_DECISIONS.HTM

Charging for H1B processing is illegal. Charging for any training is ILLEGAL. NOT PAYING ON BENCH IS ILLEGAL
2003-LCA-12 Neerja Rajan vs International Business Solutions
2006-LCA-29 USDOL Vs Avenue Dental

You must complain to DOL if you feel you have been wronged. There is no time limit for complaining. You can complain even if you had to leave USA. You can complain from India. The judge will listen to your case on phone. You DON’T NEED A LAWYER. THE DOL WILL FIGHT THE CASE ON YOUR BEHALF. YOU JUST NEED TO MAKE A COMPLAIN TO DOL
2004-LCA-6 Amtel vs Yongmahakapakorn ( Rung)

Employee need not ask for bench pay. Employer must give even without asking
2005-LCA-36 Zhaolin Mao vs George Nasser

Employment is not terminated unless employer does the three things –
1) Give employee notification of termination
2) Inform INS
3) Offer return ticket
2005-LCA-36 Zhaolin Mao vs George Nasser

Employer cannot retaliate against employee( if employee complains to DOL) by cancelling his/her visa. This is because complaining to DOL is protected activity.
2006-LCA-9 USDOL vs Clean Air Technologies
2004-LCA-6 Amtel vs Yongmahakapakorn ( Rung)

Employer needs to pay employee what amount is mentioned in LCA even though employe may be making extra money through other sources
2004-LCA-21 USDOL vs Pegasus Consulting
2006-LCA-29 USDOL Vs Avenue Dental

Employer must pay even though employee has lied in resume
2003-LCA-12 Neerja Rajan vs International Business Solutions

Your LCA doesn’t stop even if you convert to another visa. The employer has to pay you till end of LCA unless there was bonafide termination of employment i.e. notification to INS etc
2004-LCA-21 USDOL vs Pegasus Consulting
2005-LCA-36 Zhaolin Mao vs George Nasser

Interest must be paid on backwages
2006-LCA-9 USDOL vs Clean Air Technologies
2005-LCA-36 Zhaolin Mao vs George Nasser

Employer is personally responsible for the LCA violations. The DOL can make the employer pay from his own pocket by piercing the corporate veil. Company formation doesn’t remove liability of employer as an individual. The bodyshopper cannot declare bankruptcy to run away from his obligations
2001- LCA-10 USDOL vs Mohan Kutty
2004-LCA-40 USDOL vs Home mortgage
2006-LCA-29 USDOL Vs Avenue Dental
2005-LCA-42 USDOL Vs Priority one software

In case employer fails to affect a bonafide termination then backwages need to be paid till end of visa period.
2004-LCA-6 Amtel vs Yongmahakapakorn ( Rung)

Courts will impose additional fines and penalties on employer.
2004-LCA-6 Amtel vs Yongmahakapakorn ( Rung)

Employer cannot mask bench time by deception by making you sign leave of absence letter
2003-LCA-22, USDOL vs Synergy Systems
2002 – LCA-22 USDOL Vs Novinvest

Employer is required to keep LCA ( all immigration papers) for Public examination and give you your visa papers. If employer doesn’t give immigration papers then he cannot terminate you. That means you must be paid as there has been no bonafide termination. The employer is required to keep LCA papers near the *******/coffee room.
2001- LCA-10 USDOL vs Mohan Kutty
2003-LCA-15 USDOL vs Ken technologies
2006-LCA-29 USDOL Vs Avenue Dental

Employer cannot park visa by taking calculated risk
2004-LCA-21 USDOL vs Pegasus Consulting

Courts understand that employee is desperate to maintain his/her visa status and sometimes is late for filing complaint
2003-LCA-12 Neerja Rajan vs International Business Solutions



Most bodyshoppers are willful violators. Civil penalties will be imposed on them
2004-LCA-40 USDOL vs Home mortgage
2006-LCA-26 USDOL Vs API Accounting
2003-LCA-22, USDOL vs Synergy Systems
2001- LCA-10 USDOL vs Mohan Kutty
2006-LCA-29 USDOL Vs Avenue Dental
2006-LCA-26 USDOL Vs API Accounting