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H1B FAQ - Employers Bond, Contract, Bench Pay, Employment Disputes Q:
My employer applied for my H1b and is not providing any details. Is there any way I can find out more information?
A:
No. The H1b petition is your employer's petition and USCIS will not release any information to the beneficiary of the petition. Only the employer or the attorney can contact USCIS regarding the petition. Good employers generally give you the receipt number to check the status online.
Q:
I don't really like the way my H1 employer treats me and gives me a hard time about pay, green card process etc.
Can I just start my own company, file my own H1 and work as independent consultant, file my own green card
through my own company?
A:
No.
You can start your own company, but you can't "work" for it. You can be director, officer or shareholder in the company. You can hire US workers and they can do all the work in your company. Whatever profit is generated, you can keep them as "passive" income just like you would get interest in certificates of deposit, or have profit/income by investing in stock market or real estate. Q:
Is my employer required by law to pay all my H1 paper expenses? Can I make him pay all the expenses?
A:
No. Who pays expenses for H1 papers is between you and your employer. However, certain fees must be paid by the employer.
Q:
Can an employer who filed the H1 visa deduct H1 expenses from employee's earnings?
A:
Yes, certain expenses.
Q:
My petitioning employer is asking me for H1b fees and deposit. Is that legal?
A:
As per the law, most of the H1b fees have to be paid by the petitioning employer.
Q:
I have got a job offer in the US on an H1B visa and my H1B petition has been approved.
I don't have the resignation or relieving letter from my current employer in
India. Will that be a problem in getting H1B visa?
A:
No, that should not be a problem as long as you otherwise qualify for an H1B visa.
Q:
My petitioner employer took a security deposit for my H-1B. Do I get it back if my H-1B gets denied?
A:
Good employers do not take money from the beneficiaries. It is illegal to pay most part of H-1B application fees. USCIS collects H-1B processing fees and not approval fees. Meaning, once the application is in their system, no fee refunds are possible from USCIS.
Q:
My employer is refusing to give me any details of my H1b, what can I do? Are there any legal remedies?
A:
Nothing. You have to pick the right sponsor before the filing.
Q:
My employer collected $X for my H1b in the form of a check. My H1b did not get picked in the lottery. Can I complain to USCIS?
A:
It is illegal to pay the petitioner to file H1b petition for you. You still paid the money to the petitioner.
Now that your petition didn't get picked, you can't really complain to the USCIS.
Q:
My employer collected H1b fees. Can I do something about it as I did not know it was illegal to pay them for H1b?
Q:
Employer will not be paying me on the bench. We agreed upon the terms of our contract. Is that okay?
A:
H1b law requires employers to pay the full salary while you are on bench. You are risking the loss of your status and future immigration benefits.
Q:
I do not have a project. My employer is not paying me, what to do?
A:
You are an employee of your employer and on H1b, you always have a job, with your employer.
Whether you are on a project or not, whether you are billable or not, it doesn't matter.
You need to be paid your full salary all the time on H1b to maintain your status.
You can complain to the Department of Labor (DOL) on
WH4 Form and they make the employer pay.
Q:
My employer says it is okay to not get paid as I do not have a SSN and they cannot market my resume.
Clients need a SSN for background check.
A:
You are an employee of your employer, not the client. The employer has to pay you full salary all the time.
I-9 requirements for document verification does not require a SSN to hire someone.
Q:
I am on an H1b and my employer has placed me at the client side.
Client is delaying the payment for my work. My employer is not paying me. What can I do?
A:
You are an employee of your employer, not the client. The employer has to pay your full salary all the time as per H1b law.
You can complain to your state labor department.
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