Desi H1B employer withholding documents

[WOA]

Hello Experts and members,

 

I was on F1 and had my H1B filed through a desi company. I'm sure most of you are aware of the process and I would appreciate if you refrain from pontificating.

 

So here is my scenario. I joined this company on OPT, was trained on a technology, they padded my resume and marketed me but have not placed me yet. My H1B was effective Oct 1st 2013.They've refused to pay me, wont give me my I-94 or a copy of my filing documents. In short I am being held hostage. SO, I decided to quit and go back to India. I told them that they are free to revoke my H1B but to please send me my documents. The employer is now demanding that I pay him back for the cost of filing the H1b and then he would send me my documents but would still not pay me for the last 2 months when I was on their H1B nor give me my paystubs.

 

My question is this ;

 

I need to leave, I have my tickets booked but he wont give me my I-94, I cant find it online, I know I can fill out form 834 for a duplicate. Is there any way I can resolve this issue regarding my payroll and the documents owed to me. I want everything to be sorted out because I don't want this to cause any issues for me IF and WHEN I decide to come back to the US.

 

Can you guys suggest what my options are. ( Like I said, I am ok with them revoking my H1B). I appreciate any advise related to this issue.

 

Thank you.

[jairichi]

Hello Experts and members,

 

I was on F1 and had my H1B filed through a desi company. I'm sure most of you are aware of the process and I would appreciate if you refrain from pontificating.

 

So here is my scenario. I joined this company on OPT, was trained on a technology, they padded my resume and marketed me but have not placed me yet. My H1B was effective Oct 1st 2013.They've refused to pay me, wont give me my I-94 or a copy of my filing documents. In short I am being held hostage. SO, I decided to quit and go back to India. I told them that they are free to revoke my H1B but to please send me my documents. The employer is now demanding that I pay him back for the cost of filing the H1b and then he would send me my documents but would still not pay me for the last 2 months when I was on their H1B nor give me my paystubs.

 

My question is this ;

 

I need to leave, I have my tickets booked but he wont give me my I-94, I cant find it online, I know I can fill out form 834 for a duplicate. Is there any way I can resolve this issue regarding my payroll and the documents owed to me. I want everything to be sorted out because I don't want this to cause any issues for me IF and WHEN I decide to come back to the US.

 

Can you guys suggest what my options are. ( Like I said, I am ok with them revoking my H1B). I appreciate any advise related to this issue.

 

Thank you.

Absolutely. Talk to an immigration attorney. You would need to file a complaint with DOL against your employer and this would make them pay your salary, help you get your required documents and to transfer to a new employer. If you have their communication demanding pay back of H1B fees that would be important to attach it to DOL when making a complaint. Do not leave without putting a fight.

[JoeF]

Hello Experts and members,

 

I was on F1 and had my H1B filed through a desi company. I'm sure most of you are aware of the process and I would appreciate if you refrain from pontificating.

I won't.

You already KNEW the issues, and yet, you signed up with a fraud???

Geez.

Are you always that way, you want to experience the fraud yourself before learning???

What is wrong with you???

[catx]

Even though you knew better, and as such you are somewhat complicit in the fraud, you can and should file a complaint with the Department of Labor (DoL) in your state against this fraudulent employer immediately.  Include the details and all documentation in your complaint.  This may help you get the documentation owned you, should get the wages owed you, and will help help in any future U.S. immigration (even if you do not get the documentation).

[WOA]

Jairichi,

 

Thank you for your response. I am in the process of taking necessary action. My immediate issue here is my I-94. Since I dont have the original, can I present a printed out copy to the airlines when I leave. Also, I am considering applying for a H4 from India. Will the lack of paystubs be an issue at the visa interview? Would a copy of the complaint to DOL suffice?

 

JoeF,

 

I know! What is wrong with me??!! :(

[jairichi]

Jairichi,

 

Thank you for your response. I am in the process of taking necessary action. My immediate issue here is my I-94. Since I dont have the original, can I present a printed out copy to the airlines when I leave. Also, I am considering applying for a H4 from India. Will the lack of paystubs be an issue at the visa interview? Would a copy of the complaint to DOL suffice?

 

JoeF,

 

I know! What is wrong with me??!! :(

As far as I know now there is no surrender of I94s. Everything is online. Nothing to submit when you leave. Yes, you can apply for a H4 and lack of pay stubs will not be an issue as successful stamping depends on spouse's documents. I would expect you to take the help of a good attorney and file a complaint with DOL before you leave US.

[JoeF]

Jairichi,

 

Thank you for your response. I am in the process of taking necessary action. My immediate issue here is my I-94. Since I dont have the original, can I present a printed out copy to the airlines when I leave. Also, I am considering applying for a H4 from India. Will the lack of paystubs be an issue at the visa interview? Would a copy of the complaint to DOL suffice?

 

JoeF,

 

I know! What is wrong with me??!! :(

It seems you didn't "get" my response...

Explain why you signed up with a fraud knowing that it was a fraud...

[WOA]

Thanks Jairichi, I appreciate your time and response.

 

I have already spoken to my immigration attorney. Will keep this post updated regarding the turn of events.