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Employer threatens to cancel H1B if I visit my country

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  • Employer threatens to cancel H1B if I visit my country

    Hi all,
    Hi, I am an ex-Master's student currently in USA. I applied my H1B visa through an Indian consulting firm in USA in April 2007 & got approved but the company has retained my H1B original papers with them. I have been with this company A, for about 22 months now. I recently got out of a project and have recent 2 pay stubs with me. I informed my employer about my desire to visit my country for a visit & asked him for all my documentation so that I can visit my place & come back. But on false pretexts, my employer does not want to give me my documents. This is the first time I would be going to India after my H1 approval & I need all my documents to come back. But employer is indirectly threatening to cancel my sponsorship if I try to go to India because I think he feels I might do a transfer as he does not pay on bench. He has never paid me on bench. I think he must have run my payroll to keep my status but never deposited any money into my account.

    1. How can my employer run my payroll, keep me in status & still not deposit money into my account?

    2. If I inform all the mistreatment that the Company puts to us, to Dept. of Labor (DOL), keeping myself confidential, what kind of action can I expect?

    3. If DOL decides to investigate the case, what happens?

    4. If they decide to raid the company (if that's what they do) & find the company guilty, what would they do to all the candidates like me who are on bench & not receiving pay? Will they help in getting our H1B papers back or will they cancel our H1B? I want to be really cautious & consider all the pros & cons before I approach DOL, because once I do that, I know there won't be any looking back.

    5. What can be the possible outcome(s) of contacting DOL about this situation?

    6. What are the disadvantage(s) of contacting DOL about this situation?

    7. What method would you suggest to contact DOL & still maintain confidentiality?

    8. How can DOL help me get my documentation from my employer?

    9. If i tell DOL that I did not receive my pay for x amount of months & request them for help & ask them to make my employer pay me money for all the bench period, what can I expect?

    10. What is the complete set of documentation that I will need to take with me to my country to ensure a safe return to USA after stamping?

    I look forward for your replies with hope.

    Thank you in advance to all.
    Last edited by mesuman_2009; 02-08-2009, 12:20 AM.

  • #2
    Complaint filing procedure

    https://www.immihelp.com/h1b-visa-em...int-procedure/

    Additional FAQs

    https://www.immihelp.com/h1b-visa-bo...h-dispute-faq/
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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