H1-B NO work

[neerajsane]

H1-B NO work

I have a masters degree from the US. After my masters I got married and did not work for almost 2 years. An Indian consulting company filed a H1(april 2008) for me which was approved with start date of 1st october 2008.
I was on F1 (not on OPT, it expired last year) earlier and could not find a legitimate employer to sponsor my H1-B because of the huge cap-gap (the time between 1st April(the visa filing date) and 1 st october (the date when work visa become effective) during which i am cannot work
When I decided to get my H1-B from the consulting company I did not have any idea what I was getting in to.
My employer made me change my resume. He started marketing my resume almost a month ago. He asked me get rid of my actual resume from all job sites. After that, each requirement he would get, he would make me change my resume accordingly. Today I have at least 20 different versions of my resume, keeping track of these is getting difficult and naturally it will not be easy to back up the content of the resume in an interview if one ever comes up. In spite of all the resume changing business, he hasn’t been able to get me single interview yet. I think my resume never actually gets to the client through the myriad chain of consultants and vendor in between. I did not expect to get into this. I would rather spend my time refreshing and updating my actual skills rather than spending time in manipulating my resume each time. I cannot search for a job on my own openly; I don't even want to think about the trouble he will get me into if I get a fulltime job on my own.
He made me pay for the visa filing ($2500) and did not even train me. He made me sign a contract (1 yr services and $10,000 fine if contract is breached)
He has not paid me yet. He hasn’t given me my H1-B approval documents.
I have committed a terrible mistake and I don't have a clue how to make things right.
I don't want to jeopardize my husband’s legal status ( his H1, GC processing etc. ) because of my mistake. Also I do not want to ruin my chances of being able to work in the US. Here are my questions:
1. I was considering a change of status to H4 (which would require pay-stubs, which I do not have yet ) then look for job and have a legitimate employer file my H1 (hopefully quota exempt so that I can start immediately). How much time am I looking at if I opt for H1-H4 and back to H1? is it a safe option?
2. I could have my H1 transferred to another legitimate company (which I haven't found yet (hiring crunch and my 2 year gap is hard to sell) but I don't want to wait indefinitely for this to happen appreciate any suggestions / advice in this regard.
3. Also how can I get my employer to pay me? (I feel it is unethical on my part to ask for money when I have not worked for him)
4. If I ask him for paystubs and he refuses and threatens to canel my H1, I could go to DOL, but wouldn't I be at loss because of the contract that I signed with him ??
( now i know that the 'contract' is not legitimate in the US but I have my signature on that document )

Please help me with your suggestions.

Thanks.

[txh1b]

Late realization on your part..

Now, file an employer complaint, go to your home country and return on a H4 visa. Do not accumulate our of status period.

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/

You have rights as a H1b employee. Forget about the contract. They cannot do anything about it. Gather all proof of payments, emails from your employer etc and file a complaint.

I have had great success with DOL in the past. It works!

[sabiya]

Very sorry to hear about your case.
Txh1b, I have following questions:

1) Are these contracts that H1 employers / consultants make an employee sign valid and stand in the court ?

2) Should one sign a contract in the US ? Are they valid

3) What if a person breaches the contract ? Can an employer sue the employee ?

4) I know that paying for H1B is illegal. Most of the H1B aspirants pay for it and nobody bothers to file a complaint against the employer. Is it that DOL not aware of this problem ?

5) What are rights on an H1B employee ?

6) Employers do not pay employees if they are bench. They say they do not have projects. This is also against the law, correct ?

[sachih1]

Yes,

These contracts are very much valid, since they wouldnt say it as bond or some thing. They would say that they have invested on you by tech training, domain training etc. And its like a commitment from the employee for the benifit of the employer etc. (All typical jargons)

Through which they could sue you. (You can search the forum, where in people who have already got sued have told their experience)

Better not to sign any such contracts.

Most important is, dont show (even if you are ) that you are "desperate" to go to US, you'll be taken for a ride...


Txh1b,

Can this also be reported to DOL?

[sabiya]

Txh1b, I have following questions:

1) Are these contracts that H1 employers / consultants make an employee sign valid and stand in the court ?

2) Should one sign a contract in the US ? Are they valid

3) What if a person breaches the contract ? Can an employer sue the employee ?

4) I know that paying for H1B is illegal. Most of the H1B aspirants pay for it and nobody bothers to file a complaint against the employer. Is it that DOL not aware of this problem ?

5) What are rights on an H1B employee ?

6) Employers do not pay employees if they are bench. They say they do not have projects. This is also against the law, correct ?

[txh1b]

1. Contracts are valid. But if one party does not honor the terms of the contract (like pay an employee on H1b all the time), court will not expect the other party to honor the contract and will likely throw the case out.

2. Your choice. Decent employers never have such contracts. I have never signed one till date other than relocation reimbursement agreements which many large comapnies ask for as they spend a huge amount moving you and paying sign-on bonus.

3. Yes, anyone can sue anyone. If it holds good or not is questionable in court based on various facts.

4. DOL does not go around looking for cases unless one complaints. It is the H1b employee's responsibility to make DOL aware which in turn informs foreign consular posts if the employer record is bad.

5. Plenty of rights in addition to what US workers have. Look up the employer complaints page under H1b section of immihelp.

6. Yes, absolutely. They are required to pay LCA wages at all times, project or not. That is the law!