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Hi folks,
I got laid off in Nov 2008 by employer X who supplied me with salary slips till mid Dec. I got employer B by then who applied for my H1 transfer in premium. Unfortunately he got an RFE from USICS which required him to submit names of all people he applied for, quarterly taxes paid, locations of all those people etc (I read that RFE). He was not ready to reply to that RFE as it was risky for him. So I got a third employer C who applied for my H1 transfer from B to C.
Well I regularly read immihelp for past 3 yrs Yet I still paid both employer B and C "processing fees" for my H1. Now case is pending with USICS since Feb 09. For the past two months, I don't have a proj and employer B does not pay me. He gave me different reason everytime I ask him if they applied regular and sometimes premium. I already consider the "processing fees" as sunk cost. The contract that I got with this company says "At-will hiring" and "15 days notice".
Out of frustration of not being employed for the first time in 13 yrs of my career, I told them I will look for another 1-2 months beyond which I cannot financially survive and either they pay me or I'm ready to pack my bags and go to India. I also told them I already started job search in India. Out of desperation, they asked me today "are you ready to work in Canada". I was taken back and I asked them on what status? what visa? "You leave that to us" was the reply.
What I would like to check with experienced folks here is if I go back to India, what will employer C do? Offcourse I will resign and go but I mean will they keep my H1 with them? If employer B got my H1, I don't stay with him and he does not pay me, can some other employer file a transfer from my original employer A with whom I had last payslip in Dec 08? I don't have to be back but I want to know the possibility in case my next employer in India wants to process H1 for me. If I file complaint with DOL now, will I get paid for last 2 months or instead USICS will say that I took a illegal step and paid "processing fees" and ask me to leave the country which anyway I have planned in May. I know that USICS perspective I might be out of status. I do have electronic reciept for my new H1 though which is still in pending status.
Sorry for the long post again but wanted to share experience by a person who has 13 yrs experience and still falls prey to shady employers.
Warm Regards
VDU.
I got laid off in Nov 2008 by employer X who supplied me with salary slips till mid Dec. I got employer B by then who applied for my H1 transfer in premium. Unfortunately he got an RFE from USICS which required him to submit names of all people he applied for, quarterly taxes paid, locations of all those people etc (I read that RFE). He was not ready to reply to that RFE as it was risky for him. So I got a third employer C who applied for my H1 transfer from B to C.
Well I regularly read immihelp for past 3 yrs Yet I still paid both employer B and C "processing fees" for my H1. Now case is pending with USICS since Feb 09. For the past two months, I don't have a proj and employer B does not pay me. He gave me different reason everytime I ask him if they applied regular and sometimes premium. I already consider the "processing fees" as sunk cost. The contract that I got with this company says "At-will hiring" and "15 days notice".
Out of frustration of not being employed for the first time in 13 yrs of my career, I told them I will look for another 1-2 months beyond which I cannot financially survive and either they pay me or I'm ready to pack my bags and go to India. I also told them I already started job search in India. Out of desperation, they asked me today "are you ready to work in Canada". I was taken back and I asked them on what status? what visa? "You leave that to us" was the reply.
What I would like to check with experienced folks here is if I go back to India, what will employer C do? Offcourse I will resign and go but I mean will they keep my H1 with them? If employer B got my H1, I don't stay with him and he does not pay me, can some other employer file a transfer from my original employer A with whom I had last payslip in Dec 08? I don't have to be back but I want to know the possibility in case my next employer in India wants to process H1 for me. If I file complaint with DOL now, will I get paid for last 2 months or instead USICS will say that I took a illegal step and paid "processing fees" and ask me to leave the country which anyway I have planned in May. I know that USICS perspective I might be out of status. I do have electronic reciept for my new H1 though which is still in pending status.
Sorry for the long post again but wanted to share experience by a person who has 13 yrs experience and still falls prey to shady employers.
Warm Regards
VDU.
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