H1-B (No work) pls advice.. - 2008/10/30 16:20H1-B NO work
I have a masters degree from the US. After my masters I got married and did not work for almost 2 years. An Indian consulting company filed a H1(april 2008) for me which was approved with start date of 1st october 2008. I was on F1 (not on OPT expired last year) earlier and could not find a legitimate employer to sponsor my H1-B because of the huge cap-gap (the time between 1st April(the visa filing date) and 1 st october (the date when work visa become effective) during which i am cannot work When I decided to get my H1-B from the consulting company I did not have any idea what I was getting in to. My employer made me change my resume. He started marketing my resume almost a month ago. He asked me get rid of my actual resume from all job sites. After that, each requirement he would get, he would make me change my resume accordingly. Today I have at least 20 different versions of my resume, keeping track of these is getting difficult and naturally it will not be easy to back up the content of the resume in an interview if one ever comes up. In spite of all the resume changing business, he hasn’t been able to get me single interview yet. I think my resume never actually gets to the client through the myriad chain of consultants and vendor in between. I did not expect to get into this. I would rather spend my time refreshing and updating my actual skills rather than spending time in manipulating my resume each time. I cannot search for a job on my own openly; I don't even want to think about the trouble he will get me into if I get a fulltime job on my own. He made me pay for the visa filing ($2500) and did not even train me. He made me sign a contract (1 yr services and $10,000 fine if contract is breached) He has not paid me yet. He hasn’t given me my H1-B approval documents. I have committed a terrible mistake and I don't have a clue how to make things right. I don't want to jeopardize my husband’s legal status ( his H1, GC processing etc. ) because of my mistake. Also I do not want to ruin my chances of being able to work in the US. Here are my questions: 1. I was considering a change of status to H4 (which would require pay-stubs, which I do not have yet ) then look for job and have a legitimate employer file my H1 (hopefully quota exempt so that I can start immediately). How much time am I looking at if I opt for H1-H4 and back to H1? is it a safe option? 2. I could have my H1 transferred to another legitimate company (which I haven't found yet (hiring crunch and my 2 year gap is hard to sell) but I don't want to wait indefinitely for this to happen appreciate any suggestions / advice in this regard. 3. Also how can I get my employer to pay me? (I feel it is unethical on my part to ask for money when I have not worked for him) 4. If I ask him for paystubs and he refuses and threatens to canel my H1, I could go to DOL, but wouldn't I be at loss because of the contract that I signed with him ?? ( now i know that the 'contract' is not legitimate in the US but I have my signature on that document )
Please help me with your suggestions.
Thanks.
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knowsap
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Re:H1-B (No work) pls advice.. - 2008/10/30 16:20knowsap wrote: H1-B NO work
I have a masters degree from the US. After my masters I got married and did not work for almost 2 years. An Indian consulting company filed a H1(april 2008) for me which was approved with start date of 1st october 2008. I was on F1 (not on OPT expired last year) earlier and could not find a legitimate employer to sponsor my H1-B because of the huge cap-gap (the time between 1st April(the visa filing date) and 1 st october (the date when work visa become effective) during which i am cannot work When I decided to get my H1-B from the consulting company I did not have any idea what I was getting in to. My employer made me change my resume. He started marketing my resume almost a month ago. He asked me get rid of my actual resume from all job sites. After that, each requirement he would get, he would make me change my resume accordingly. Today I have at least 20 different versions of my resume, keeping track of these is getting difficult and naturally it will not be easy to back up the content of the resume in an interview if one ever comes up. In spite of all the resume changing business, he hasn’t been able to get me single interview yet. I think my resume never actually gets to the client through the myriad chain of consultants and vendor in between. I did not expect to get into this. I would rather spend my time refreshing and updating my actual skills rather than spending time in manipulating my resume each time. I cannot search for a job on my own openly; I don't even want to think about the trouble he will get me into if I get a fulltime job on my own. He made me pay for the visa filing ($2500) and did not even train me. He made me sign a contract (1 yr services and $10,000 fine if contract is breached) He has not paid me yet. He hasn’t given me my H1-B approval documents. I have committed a terrible mistake and I don't have a clue how to make things right. I don't want to jeopardize my husband’s legal status ( his H1, GC processing etc. ) because of my mistake. Also I do not want to ruin my chances of being able to work in the US. Here are my questions: 1. I was considering a change of status to H4 (which would require pay-stubs, which I do not have yet ) then look for job and have a legitimate employer file my H1 (hopefully quota exempt so that I can start immediately). How much time am I looking at if I opt for H1-H4 and back to H1? is it a safe option? 2. I could have my H1 transferred to another legitimate company (which I haven't found yet (hiring crunch and my 2 year gap is hard to sell) but I don't want to wait indefinitely for this to happen appreciate any suggestions / advice in this regard. 3. Also how can I get my employer to pay me? (I feel it is unethical on my part to ask for money when I have not worked for him) 4. If I ask him for paystubs and he refuses and threatens to canel my H1, I could go to DOL, but wouldn't I be at loss because of the contract that I signed with him ?? ( now i know that the 'contract' is not legitimate in the US but I have my signature on that document )
Please help me with your suggestions.
Thanks.
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shahp
Admin Admin
Posts: 6
Karma: 0
Re:H1-B (No work) pls advice.. - 2009/03/29 04:00Dear,
Your situation is a rather complicated one. You have issues ranging from simple status issues to major Immigration fraud and misrepresentation. I definitely think you should speak to a a lawyer in person. You can call us for a consultation 510 742 5887.
BTW it is good that you you worry about the ethical concerns.
Regards Shah
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Since the passing of the 2010 Neufeld Memo (as amended), obtaining an H1B visa has become increasingly difficult for many, in particular, IT consulting companies, due to the additional documentary requirements. Additionally, US consulates, particularly those in India, have been creating additional requirements which are not authorized by any regulation, such as filing an amended petition when an H1B worker changes locations while still preserving the same position. USCIS has clearly stated in their policy memos/correspondences that in such cases, only a new LCA is required. Still, consulates seem to have created these requirements without the legal authority to do so, and for those who do not meet such requirements, there is a heightened likelihood of having the consulate place the case on hold under INA 221(g) for further administrative processing, and even possible revocation of the underlying petition. This causes extreme hardship over the petitioning companies and their candidates. This situation is worsened in cases of IT consulting firms’ H visas where non-lawyers are hired to prepare their H1B petitions and H4 petitions. Preparing an H1B petition is a matter of law, and you can only be best served by an experienced lawyer. Our law firm has handled hundreds of H1Bs successfully.
Moreover, if the H-1B visa is not well prepared, the spouses and children of the H1 visas holders are being denied an H4 visa stamp at the U.S consulate/embassy. Lately we have also noticed that many US lawyers are outsourcing their work to non-lawyers in other countries to prepare the application. This can be a dangerous practice resulting in practicing law without a license and eventually hurt the candidates who are expecting good service form a "real lawyer". It is also worth noting that because non-lawyers (immigration consultants) are not bound by the attorney's professional code, many tend to either be giving poor service, or even commit fraud on the application. Such behavior can create a situation which might eventually result in a finding of H1B fraud and bar the non-immigrant H1 visa or H4 visa holders from any future immigration benefits under INA 212(6)(c)(i).
At the Shah Peerally Law Group PC, we believe that you are better served by a legal team who are familiar with H1B cases and who sincerely want to help their clients. Whether you are an individual or a company who wants to file for H-1 visas or H-4 visas through an H1B transfer or a new H1B application, our law firm will make sure that your interests are well-served. We understand and appreciate that individual’s careers and in some cases, the future of their employer may well depend of obtaining approval on the petition.
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Attorney Shah Peerally is a California Immigration Lawyer offering immigration legal services in the San Francisco Bay area. As a Californian immigration attorney in the Bay Area, his law firm situated in Newark focuses on immigration laws with an emphasis on employment based immigration including but not limited to H1B visa, L1A visa, L1B visas, PERM Labor Certifications. His law firm in Newark, California also handles Family based petitions and VAWA petitions. H1B Immigration attorney Shah Peerally provides immigration legal services to clients in Northern California, Silicon Valley vicinity, and Southern California, including: San Jose, Fremont, Newark, San Francisco, San Rafael, San Mateo, Millbrae, San Bruno, South San Francisco, Oakland, Berkeley, Hayward, Pleasanton, Redwood City, Milpitas, Saratoga, Livermore, Richmond, Santa Clara, Palo Alto, Dublin California, Mountain View California, Mt. View California, Silicon Valley, South Bay, Campbell, Los Altos, Los Gatos, Sunnyvale California, Gilroy California, Los Angeles California, and San Diego California. In addition, we are an American Immigration Law Firm serving PERM Labor Certfication clients in USA
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