Filing complaint against employer

[vdu]

1. My employer did not give me signed offer letter after requesting it several times from him.
2. He applied for H1 for me in Feb 2009. He took money from me for premium and filed it in regular.
3. He was not able to place me because of bad market and therefore I recd no salary till now.
4. He gave me a WAC number but no scanned copy of reciept which actually says that the number belongs to me. He says per law he is not required to give me the receipt.
5. When another company approached me for transferring H1, he was not ready to release me. Not having H1 recipt and no payslips made it not possible for me to move to another company.
6. Ultimately when I decided to go back to India cos I would not like to stay here just with the hope of new job and no actual salary, I told him to give me relieving letter. He says the employment was subject to me getting a project for him. That's the reason he did not sign the offer letter and even if I raise a complaint, he will say, no offer letter no I am not his employee.. he will put charges for lawyer against me. This was a telephonic conversation with him.
7. All I have are email correspondances with him about offer letter, bank deposit slip showing that I deposited money in his account. He says he will try to give me the extra 1000 he took and did not file for premium. But again I do not trust completely.

Any suggestions? I am moving back to India in 1 week.

[orion]

Go ahead, file a complain on WH4 form. Attach all the documentation you have, it will be enough.

[vdu]

Thanks Orion. I forgot to mention one more point to take advice on.

My employer said that when I go back to india and get a job, if the second employer wants to file H1 for me, he can do it based on any H1 that I have..does not matter from this company's H1. This was his answer on my question that if he does not give me H1 receipt, how can any future employer file an H1 for me.

[kabkaba]

1. My employer did not give me signed offer letter after requesting it several times from him.
2. He applied for H1 for me in Feb 2009. He took money from me for premium and filed it in regular.
What did you think when you paid him. Any payment is illegal anyway.

3. He was not able to place me because of bad market and therefore I recd no salary till now.
Again, you should have asked about bench salary beforehand.

4. He gave me a WAC number but no scanned copy of reciept which actually says that the number belongs to me. He says per law he is not required to give me the receipt.
In this case he is right. Even after petitioning if he does not wish to employ you, it is fine. But he should intimate this in writing.

5. When another company approached me for transferring H1, he was not ready to release me. Not having H1 recipt and no payslips made it not possible for me to move to another company.

You do not need receipt for transferring, the number is enough, but payslips are required.

6. Ultimately when I decided to go back to India cos I would not like to stay here just with the hope of new job and no actual salary, I told him to give me relieving letter. He says the employment was subject to me getting a project for him. That's the reason he did not sign the offer letter and even if I raise a complaint, he will say, no offer letter no I am not his employee.. he will put charges for lawyer against me. This was a telephonic conversation with him.

Was finding projects part of your job responsibilities on the LCA? Are you sales or marketing person? He is just scaring you. Go ahead and complain. Keep some emails as proof.

7. All I have are email correspondances with him about offer letter, bank deposit slip showing that I deposited money in his account. He says he will try to give me the extra 1000 he took and did not file for premium. But again I do not trust completely.

Any suggestions? I am moving back to India in 1 week.

Do as above.

[orion]

My employer said that when I go back to india and get a job, if the second employer wants to file H1 for me, he can do it based on any H1 that I have..does not matter from this company's H1. This was his answer on my question that if he does not give me H1 receipt, how can any future employer file an H1 for me.

This is true but you may have to prove status for as long as you were present in US.

Do NOT go back. Fight them. Goto the labor office and demand action, dont leave from there unless they promise you something. Thats just an idea, I dont know what exactly you can do. Get your pay and money back. Those as-ho-es are surviving because ppl like you are not complaining and returning back. This is the right time, form a group or something. Get some attention, USCIS will crack down on them if something is done at this point. In 2007 when USCIS released priority dates as current and backtracked, ppl formed group, sent them flowers (gandhigiri approach) and made USCIS to accept their applications somehow. Think, what can be done, and do it. Dont let this continue anymore. You can start it right from here, from the internet. I'm sure there will be many in your support including senior members of this forum, including me. I'm serious.

[Spri]

..... Think, what can be done, and do it. Dont let this continue anymore. You can start it right from here, from the internet. I'm sure there will be many in your support including senior members of this forum, including me. I'm serious.[/B]

Thanks Orion.well said.
THanks very much for your support..and to all senior members..
may Good bless you all and your family.

[vdu]

I am going to check with the DOL / DHS office in my state in 1-2 days. Me and the employer are in two different states. I don't care what the employer says about me, the only concern for me is what he said "in case the court rules in his favour, I will have to pay the court costs and attorney costs, which he says will be the likely outcome cos he did not sign the offer letter so I am not his employee".

I know he wants to scare me because he is obviously a lot more years in his game than me but there is such clause of costs mentioned in the contract / offer letter.

Is there a way, I can pm some senior members my offer letter (I will scratch names from it cos I do not want to make that public at this point.) They can look at the letter and advice. Again I know not from attorney standpoint but as people who have seen a lot of such examples out of experience. Also I would like to appeal to people on the forum who have complained against the employer (with case similar to me.. ie employer did not give signed offer letter and they did not have any proj with them) to let me know their case so I can build mine accordingly.

Thanks again.

[orion]

The fact that they sponsored your H1 visa on the basis of which you are present in this country is enough evidence that you are their employer. Within that H1 application is their committment to pay you all the time with a minimum wage amount. They have clearly violated many laws, if it goes to the court, it is highly unlikely the decision will be in their favor.

[txh1b]

I am going to check with the DOL / DHS office in my state in 1-2 days. Me and the employer are in two different states. I don't care what the employer says about me, the only concern for me is what he said "in case the court rules in his favour, I will have to pay the court costs and attorney costs, which he says will be the likely outcome cos he did not sign the offer letter so I am not his employee".

I know he wants to scare me because he is obviously a lot more years in his game than me but there is such clause of costs mentioned in the contract / offer letter.

Is there a way, I can pm some senior members my offer letter (I will scratch names from it cos I do not want to make that public at this point.) They can look at the letter and advice. Again I know not from attorney standpoint but as people who have seen a lot of such examples out of experience. Also I would like to appeal to people on the forum who have complained against the employer (with case similar to me.. ie employer did not give signed offer letter and they did not have any proj with them) to let me know their case so I can build mine accordingly.

Thanks again.

The law is on your side as a H1b employee. Fill out WH4 form and send it to DOL Wage and Hour Division of the employer's state/city. Enclose all proof and have all communication with employer in writing/email. Do NOT call.

Employer is trying to fool around with you. They will not have the guts to go to court as they have violated the laws.

Post a review on the company on immihelp.

http://www.immihelp.com/h1b-sponsoring-companies-database/