Employer Issues

[Niki Siri]

Hi,

 

my my query is regarding my friend and her employer activities. My friend recently went to India for vacation. She was assigned to project before she left for vacation. When she came back, her company removed her from project within 2 days after she landed and now telling her to move offshore. Also, her salary is less than what is quoted on her LCA.

She desperately wants to stay here in US as she has lot of commitments.

she is devastated as she spent a lot of back home and now don't have enough left here and has lot of bills to pay. 

What are her legal options to stay here.  Also can a employer do this to their employee? Is it legally ok. They didn't tell her about her project end date when she was in india. Till the stamping date she was on project but once she landed here they took her off project.

will really appreciate if you guys can suggest a legally feasible way so she can stay here and let me know if whatever her employer has done is legally right?

[rohang]

She can move to new employer, that's the only thing she can do . She will have 60 days to find new employer, after she leaves her current one .

her employer has every right to do this, nothing illegal. I am sympathetic, but nothing illegal here.

[Niki Siri]

What about her actual salary being less than what is mentioned in LCA. Is this legal too?

[rohang]

6 hours ago, Niki Siri said:

What about her actual salary being less than what is mentioned in LCA. Is this legal too?

for that she can file a complain, but it will not give her legal status to stay.

She will also face issue while transfer, if USCIS notice this discrepancy .

[zoomzipper]

No, it cannot be less than LCA. It could pose a problem for H1 transfer as well.

[Niki Siri]

Then what are her legal options so that her transfer goes smooth.

[JoeF]

1 hour ago, Niki Siri said:

Then what are her legal options so that her transfer goes smooth.

Filing a complaint with DOL on form WH4 ASAP.