Re:H1-B (No work) pls advice.. - Peerallylaw.com Forum

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Non Immigrant Visas : H1, L1, H4, L2, F1 etc

knowsap
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Re:H1-B (No work) pls advice.. - 2008/10/30 16:20 knowsap 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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Author

Date

H1-B (No work) pls advice..

knowsap

2008/10/30 16:20

Re:H1-B (No work) pls advice..

knowsap

2008/10/30 16:20

Re:H1-B (No work) pls advice..

shahp

2009/03/29 04:00

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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