Need Help

[Sujit1974]

Hi,

My name is Sujit. I am in USA since 1.3yrs. I came here on H1 visa through a company. After coming here I am struggling since Oct 2007. My current employers are not able to get me any project. There marketing is very poor. As per the rule they are supposed to start my salary as it has passed more than a year. But they are not starting my salary or not even getting me any job. I have a family in India and it has become necessary for me to start earning. I am planning to file a case against my employer but before taking that step I want to secure my visa status for that I need to transfer my H1 to some other company but as I have not got any US experience, none of the company is willing to accept my H1. Please suggest me what to do in this case.

Thanks,
Sujit Swaroop

[itzprams]

You are in big trouble. Since you are jobless and not paid from last 1.3 years, you are actually out of status.

At this point your best option would be complaining to DOL by filling in WH4 form. Search immihelp for filing procedure. After complaint your employer will have to come up with all your dues.

[Sujit1974]

Need Help

I have faced so many troubles with this employer. They forced me to sign on resignation letter and leave without pay letters. I was new at that time and was not knowing about this things so I did whatever they asked me to do. Now they are threatening me saying that they will terminate me. They are not even giving me any pay stubs so I can go to some other company.

Can you please tell me if I file a case against them then what are the chances for me to lose the case. And what will happen to me if i'll lose.

You are in big trouble. Since you are jobless and not paid from last 1.3 years, you are actually out of status.

At this point your best option would be complaining to DOL by filling in WH4 form. Search immihelp for filing procedure. After complaint your employer will have to come up with all your dues.

[itzprams]

You need to collect all possible proofs against your employer.
Dont waste your time if you have email proofs then you have enough strong stand. I am sure, you might have paid for H1B. If you have a proof of that too then start the procedure immediately.

[txh1b]

Search and read the Neufield memo on the forum.

[Sujit1974]

Need Help

I have paid 4.6 lcas to them as I was not aware of the actual fees for filing H1. But I just have reciept for the 1.3lacs not for the rest of he amount. I am trying to collect some email proofs but they are not replying to my mails.

You need to collect all possible proofs against your employer.
Dont waste your time if you have email proofs then you have enough strong stand. I am sure, you might have paid for H1B. If you have a proof of that too then start the procedure immediately.

[itzprams]

Why did you wait so long and how did you survive for 1.3 years without job?
You have paid lots of money. Do you have mails in which they have asked you to pay?

As txh1b mentioned, you can transfer your H1B to another employer. Do some research on "Neufeld memo".

[Sujit1974]

Need Help

I dont have any proof for the money I paid coz we had face to face conversation about it in India. If I file case against them and if I lose then if they terminate me, will I be able to transfer my H1 or my visa will get expired.

Why did you wait so long and how did you survive for 1.3 years without job?
You have paid lots of money. Do you have mails in which they have asked you to pay?

As txh1b mentioned, you can transfer your H1B to another employer. Do some research on "Neufeld memo".

[txh1b]

You have waited too long to even react. Such complacency in immigration matters can do you nothing but more harm. Your employer needs to be put behind bars and you too are responsible for keeping your mouth shut for so long.

Start with WH4 form, find a new employer, file for a transfer based on complaint to USCIS. Accumulate as much proof as you want. You have screwed up on your own by paying such a huge amount for a H1b?

Did you not know of a thing called google earlier when you filed for a H1b?
Complain to DOL with/without any proof. Atleast they will get your pay for the past 1 year if they can if not for the money paid.

Say you were forced to sign vacation requests, letters etc. Your transfer may or may not get approved.

Don't want to sound discouraging but if you were not able to find a project in decent economic times, getting one now will be very tough without which no employer will sponsor a H1b nor USCIS will transfer the H1b, especially as you are out of status.

[Sujit1974]

Need Help

What does it mean by out of status? does it means that my H1B visa is no more valid and I cant stay in US legally?

You have waited too long to even react. Such complacency in immigration matters can do you nothing but more harm. Your employer needs to be put behind bars and you too are responsible for keeping your mouth shut for so long.

Start with WH4 form, find a new employer, file for a transfer based on complaint to USCIS. Accumulate as much proof as you want. You have screwed up on your own by paying such a huge amount for a H1b?

Did you not know of a thing called google earlier when you filed for a H1b?
Complain to DOL with/without any proof. Atleast they will get your pay for the past 1 year if they can if not for the money paid.

Say you were forced to sign vacation requests, letters etc. Your transfer may or may not get approved.

Don't want to sound discouraging but if you were not able to find a project in decent economic times, getting one now will be very tough without which no employer will sponsor a H1b nor USCIS will transfer the H1b, especially as you are out of status.

[itzprams]

What does it mean by out of status? does it means that my H1B visa is no more valid and I cant stay in US legally?

As per law, if you are in H1B status, you must get paid each month even if there is no work.

your h1b visa is valid but most likely you will receive RFE while transferring it to another employer because you are not maintaining status.

[Sujit1974]

Need Help

Thank you very much for details explanation. I'll start collecting proofs and will file case against them.

As per law, if you are in H1B status, you must get paid each month even if there is no work.

your h1b visa is valid but most likely you will receive RFE while transferring it to another employer because you are not maintaining status.

[Sujit1974]

Let me know the steps to file case against employer

Could you please let me know that is it possible to file case against employer without a lawyer. If yes then what is the procedure for it.

Thank you very much for details explanation. I'll start collecting proofs and will file case against them.

[itzprams]

Get WH4 DOL Complain Form
https://www.immihelp.com/h1b-visa-em...int-procedure/

Do it yourself without any lawyer. Submit it to nearby DOL office along with proofs (whichever available).

[Sujit1974]

Need Help

I have heard that we can file case without any lawyer to DOL office. Please could you let me know more information on this.

I have few questions on this

1. Is it necessary to file the case from the city & state where my employers are situated? becasue I am in MI and my employers are in GA rightnow.
2. If i file the case then who will speak from my side? becasue I need to mention them that they took my sign on resignation letter under pressure.

Today when I tried to ask for my pay to them they threatened me saying that we have your sing on the resignation letter which we will send to INS office so we will prove that you left our company long back. In that case I wont be able to fight against them.

I am really worried about it. what to do.
What do you suggest in this case, is it better higher a lawyer or not?