Advice for complaint against H1B employer?

[NJ87]

Hi All,

Once again I am reaching out to this wonderful forum for some advice.

Situation:
I am with Company A and in the middle of changing jobs. I got an offer with Company B (body shop company offering a job at prestigious end client. I interviewed with end client and this opportunity was genuine) and started my paperwork with Company B after they got approval from end client. I signed an employment agreement (and they returned a signed copy to me as well) with Company B and gave them all relevant docs (copies of passport, visa, etc.) for H1B transfer.
Also, Company B asked me for 50% ($2000) of H1B fees (petition + attorney) for which I made a cashier's cheque and sent to them. I did not know that this was against the law as that fees should be paid 100% by the employer, and I was in a hurry to change from Company A and knew that a lot of people do this, so went ahead with Company B nevertheless.

After Company B had filed my LCA but before filing my H1B paperwork under regular processing, I got an offer from Company C (legitimate american services company offering FTE position and not a body shop company) and decided to go ahead with them as I wanted stability, although I was offered more money at Company B (in the vendor role).

Post that, I told Company B that I will not be joining them and at first they tried to tell me that I cannot leave them as I had already started proceedings with them. After some research on the internet, I told them that I will not join them and want my money back as asking for H1B money from the prospective employee is illegal. They softened up a bit and told me that it's your choice to not join, and that they had already spent money on the attorney and will not return my $2000. I left them a few emails requesting for returning the money but they have told me that they will not return that money (over phone and I have recorded that using a call recording app. Not over email.)

Post this, Company B gave me a counter offer with an additional performance bonus every month but I still declined it as I don't want to work with Company B that was acting bad/almost threatening me even before my employment began with them. God knows how will they treat me if I join them.

Questions:
1. When is the H1B petition fees (~$4000) paid to USCIS? Is it at the time of sending LCA form or when filing the H1B petition?
I would assume that it's when filing the H1B petition and not when filing the LCA form (prior to filing H1B petition)? However, I am not experienced in these things and not sure if the processes are mutually exclusive.

2. Can it be a problem for me if I file a complaint against Company B to the relevant authorities like DOL etc. (Like I can be held accountable as an abettor/accessory to this activity)?
I looked up on the internet about the same but could only find queries about how to complaint etc. and none exploring this angle.

It's not the end of the world for me if I lose $2000 but it's not about the money but it's about what is right and what is not. Also, I want to set Company B straight so that they cannot cheat another person in a similar situation like me.

Cheers,
NJ

[shervin143]

1. When is the H1B petition fees (~$4000) paid to USCIS? Is it at the time of sending LCA form or when filing the H1B petition?
>>> When the H1B petition is filed with USCIS.

I would assume that it's when filing the H1B petition and not when filing the LCA form (prior to filing H1B petition)? However, I am not experienced in these things and not sure if the processes are mutually exclusive.
>>> Read the above answer.

2. Can it be a problem for me if I file a complaint against Company B to the relevant authorities like DOL etc. (Like I can be held accountable as an abettor/accessory to this activity)?
>>> Not knowing the H1B regulation is not an excuse. You can also be held accountable for paying money to get the H1B processed which is illegal as per H1B regulation.

I looked up on the internet about the same but could only find queries about how to complaint etc. and none exploring this angle.
>>> Check the below link on how to file a complaint.
https://www.immihelp.com/h1b-visa-em...int-procedure/

It's not the end of the world for me if I lose $2000 but it's not about the money but it's about what is right and what is not. Also, I want to set Company B straight so that they cannot cheat another person in a similar situation like me.
>>> Not sure if they have already field the H1B petition. If yes, then the money that they have spent on filing your H1B petition + the money to the lawyers is a loss for them as you will not be working for them.

[NJ87]

Hi shervin143,

Once again, thanks for your detailed reply! You are damn good!

1. When is the H1B petition fees (~$4000) paid to USCIS? Is it at the time of sending LCA form or when filing the H1B petition?
>>> When the H1B petition is filed with USCIS.

NJ: Thanks!

I would assume that it's when filing the H1B petition and not when filing the LCA form (prior to filing H1B petition)? However, I am not experienced in these things and not sure if the processes are mutually exclusive.
>>> Read the above answer.

NJ: Thanks again!

2. Can it be a problem for me if I file a complaint against Company B to the relevant authorities like DOL etc. (Like I can be held accountable as an abettor/accessory to this activity)?
>>> Not knowing the H1B regulation is not an excuse. You can also be held accountable for paying money to get the H1B processed which is illegal as per H1B regulation.

NJ: Correct. Ignorance of the law is no excuse for me here. But just thinking from the DOL's point of view, i.e. how do they expect/motivate people to complain wrongdoing like this if the complainant knows that he will be charged as well?
What do you think?

I looked up on the internet about the same but could only find queries about how to complaint etc. and none exploring this angle.
>>> Check the below link on how to file a complaint.
https://www.immihelp.com/h1b-visa-em...int-procedure/

NJ: Thanks again! While looking up on the internet, I had come across that link earlier.
You are a rockstar for making your comments and answers so thorough! Much appreciated!

It's not the end of the world for me if I lose $2000 but it's not about the money but it's about what is right and what is not. Also, I want to set Company B straight so that they cannot cheat another person in a similar situation like me.
>>> Not sure if they have already field the H1B petition. If yes, then the money that they have spent on filing your H1B petition + the money to the lawyers is a loss for them as you will not be working for them.

NJ: They filed my LCA only and not H1B petition. I believe that without the lawyer's fees, just the petition fees is ~$3500 (which he never paid to USCIS). So if it was costing them $4000 ($2000*2) for everything (H1B + attorney fees) and even if they had to pay the attorney his 100% fees - Company B is just trying to fleece me.

Some other questions:
3. Can I report Company B anonymously?

Thanks,
NJ

[shervin143]

3. Can I report Company B anonymously?
>>> No. DOL might not give any importance to the complaint if filed anonymously. If you want DOL to take action, then you have to attach enough documents to prove it (Like a copy of the cashier check that you paid etc).

[NJ87]

1. When is the H1B petition fees (~$4000) paid to USCIS? Is it at the time of sending LCA form or when filing the H1B petition?
>>> When the H1B petition is filed with USCIS.

I would assume that it's when filing the H1B petition and not when filing the LCA form (prior to filing H1B petition)? However, I am not experienced in these things and not sure if the processes are mutually exclusive.
>>> Read the above answer.

2. Can it be a problem for me if I file a complaint against Company B to the relevant authorities like DOL etc. (Like I can be held accountable as an abettor/accessory to this activity)?
>>> Not knowing the H1B regulation is not an excuse. You can also be held accountable for paying money to get the H1B processed which is illegal as per H1B regulation.

I looked up on the internet about the same but could only find queries about how to complaint etc. and none exploring this angle.
>>> Check the below link on how to file a complaint.
https://www.immihelp.com/h1b-visa-em...int-procedure/

It's not the end of the world for me if I lose $2000 but it's not about the money but it's about what is right and what is not. Also, I want to set Company B straight so that they cannot cheat another person in a similar situation like me.
>>> Not sure if they have already field the H1B petition. If yes, then the money that they have spent on filing your H1B petition + the money to the lawyers is a loss for them as you will not be working for them.

3. Can I report Company B anonymously?
>>> No. DOL might not give any importance to the complaint if filed anonymously. If you want DOL to take action, then you have to attach enough documents to prove it (Like a copy of the cashier check that you paid etc).

Sounds good. The last part makes sense.
Thanks so much for your help on this, shervin143! Much appreciated!

Regards,
NJ

[NJ87]

RESOLVED (Got full refund from consultant!)

This was resolved >2 years ago, but I figured that it's better to post a resolution to possibly help someone than post nothing at all.

Here's the turn of events in late July 2012.
I reached out to Company B (at the official company email ID of the contact that I was working with) that I have proof that you took $2000 for H1B transfer from me and that that is illegal, so return my money before I report you to the authorities and post your name all over the internet with bad reviews.
I told them that although it is unfortunate that I will be unable to join, it is illegal for them to have taken money from me in the first place and I have proof of their request and the executed transaction -- email communications from them asking me to send the $2000 cashier's check to so and so address and my written confirmation that I had sent it and that I had pics of the cashier's check plus voice recordings of phone conversations with them.

P.S.: Voice recordings may be in the grey area of legality. Even I had complained against them, I may or may not have used that as evidence, but while attacking them (asking them to return my money), I decided to go all guns blazing. This tactic worked for me, may or may not work for anybody else.

In the end, they sent to me a check in a few weeks refunding the full amount. Phew!

Please feel free to message me for questions. I'll be happy to help.

Cheers,
NJ

[indian076]

Employer is demanding money to file my H1 Amendment

Dear friend,

I have been living in US for 6 years, I haven't visited home for all these years. Now my mom wants to see me so I am planning to visit my home. And I have been with the same Employer for all these six years. Now my according to new rule when I move from location to location for contract he has to file my Amendment. When I moved from WA to CA my Employer didn't do it even though I was telling him.
Now as I am visiting home, I am asking him to file my Amendment to be clean with my papers, I told him I would pay him Premium amount, he is asking for the Lawyer charges also. This is not fair. Can you please help me how I can complain against him for all these things.

Thanks friend.

This was resolved >2 years ago, but I figured that it's better to post a resolution to possibly help someone than post nothing at all.

Here's the turn of events in late July 2012.
I reached out to Company B (at the official company email ID of the contact that I was working with) that I have proof that you took $2000 for H1B transfer from me and that that is illegal, so return my money before I report you to the authorities and post your name all over the internet with bad reviews.
I told them that although it is unfortunate that I will be unable to join, it is illegal for them to have taken money from me in the first place and I have proof of their request and the executed transaction -- email communications from them asking me to send the $2000 cashier's check to so and so address and my written confirmation that I had sent it and that I had pics of the cashier's check plus voice recordings of phone conversations with them.

P.S.: Voice recordings may be in the grey area of legality. Even I had complained against them, I may or may not have used that as evidence, but while attacking them (asking them to return my money), I decided to go all guns blazing. This tactic worked for me, may or may not work for anybody else.

In the end, they sent to me a check in a few weeks refunding the full amount. Phew!

Please feel free to message me for questions. I'll be happy to help.

Cheers,
NJ

[ysyed]

Regarding payment of Visa + Attorney fee upon termination

Hi All,

I have a offer letter that my employer asked be to sign before filing my H1 and in that they have stated that I need to pay visa + attorney fee if I leave before 18 months. I wanted to move to a new employer but I am concerned whether my current employer will ask/sue me for not paying the money back. Following are my questions.

1. Is it valid even if its illegal. And do I have to pay all the fees.

2. He also applied for my GC but took out those fees from my earnings

3.The salary he is paying me is way less than what he initially told me. When I asked about it he said its as per the salary we applied your LCA. I only have email negotiation with the vendor in which they did mentioned my hourly rate. Is there anything I can do about this?

Thanks,
Yousuf.