H1 B status after comapny indcted in fraud

[Vamsi1234]

Hello everybody.
First of all Goodday for this forum. I have one question.
My H1B is approved in 2008. This was filed on behalf ofVsginc.But this company is indicted on fraud charges. What would be the status of my case. Is there any possibility of transferring of Visa..etc.. I am sure there are other people who had similar fate.
I would like to hear from you all
Looking forward to your help

[shervin143]

Yes, you can transfer your H1B to a different company. Do a little bit of research on the company before applying.

[yield_never]

Before applying for H1B transfer , please complain if some fraud had happened with you by the later company, and keep proofs of your complaint.

You can complain to DOL with all the proofs to the wages and hour division

Here is the website

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

You will have to send the form to the exact labor department office falling under your companies district. Sometimes labor department is little slow in handling cases, so you can do a followup about your complaint.

Please make a copy of the complaint you submit using the wh-4 form
and sent it by registered post (FedEx or DHL or UPS ) will do.
Submit as much information as possible.

You have to do regular followups with the above link i had given since DOL is not smart enough to take up the case quickly. There are some issues with DOL..most of the time there inquiry will complete only in one year to two year time period. If proved fraudulent company will be penalized. All this you can do from India itself.

I know cases with DOL where they don't do proper timely action, For example even if you point to direct violation about the employer they keep mum and this help employer to engage in further violations. Even i know cases where it was very clear that the employer was not having a proper LCA for the job , for several employees and even after naming the employees in bench without pay DOL didnt take any immediate action which they should do if they are keen on enforcing the law.

Anyway something is better than nothing. You should definitely file the complaint with DOL. Also notice that if you are from India , Overseas affairs ministry of India is also having mechanism to trap fraudulent employers.
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