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, they asked me for 50% ($2000) of H1B fees (petition + attorney) for which I made a cashier's cheque and sent to them. I knew that this was against the law as that fees should be paid 100% by the employer, but I was in a hurry to change from Company A and know 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. I acted confident and 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/threatening with 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

[pratikdangi]

1. Your fees to USCIS will be send after your LCA approval with I-129 petition.

2. Do you really want to chase your $2000 and bang your head against wall with all legal matters or you want to move on? If you want then start gathering all proof of your payment and contact DOL by phone or email. They will be able to guide you further process.

I hope this helps.

Good Luck

[JoeF]

The LCA goes to DOL. The H1 petition goes to USCIS.

Filing a WH4 to report H1 violations is always a good thing. The power structures in this are so that you would be seen as victim, since it is usually "pay or you don't get the job."

[SameerH1Bworker]

Just let company B know that you're going to file WH-4 complaint with DOL if they do not refund your $2000.00 Filing a complaint in DOL is free.

I think they'll surely refund you once they hear WH4 complaint with DOL because if company has done similar with other employees then DOL may ban them for some year(s).

[NJ87]

1. Your fees to USCIS will be send after your LCA approval with I-129 petition.

NJ: Okay. This means that Company B did not pay the USCIS (although they might have paid the lawyer).

2. Do you really want to chase your $2000 and bang your head against wall with all legal matters or you want to move on? If you want then start gathering all proof of your payment and contact DOL by phone or email. They will be able to guide you further process.

NJ: Well, if not too much hassle, I would like to give it a try.

I hope this helps.

Good Luck

NJ: Your responses helped a lot and are much appreciated! Thanks so much!

Cheers,

NJ

[NJ87]

The LCA goes to DOL. The H1 petition goes to USCIS.

Filing a WH4 to report H1 violations is always a good thing. The power structures in this are so that you would be seen as victim, since it is usually "pay or you don't get the job."

Thanks, JoeF! This helps! I will work towards this accordingly.

Cheers,

NJ

[NJ87]

Just let company B know that you're going to file WH-4 complaint with DOL if they do not refund your $2000.00 Filing a complaint in DOL is free.

I think they'll surely refund you once they hear WH4 complaint with DOL because if company has done similar with other employees then DOL may ban them for some year(s).

Well, although I want to report them and not necessarily just get my money back from them, I don't want to jeopardize existing H1B holders on Company B's payrolls. Consequently, I plan to proceed as suggested by you so that Company B can appreciate the fact that they cannot treat H1B employees in any way and not take them for granted.

Cheers,

NJ

[krv99]

do you really want to get into all the legal matters for just $2000 ? You have also done illegal stuff by paying for h1 costs. Now that you got another job you want to complain about company B. You shouldn't have paid in first place. That is illegal too.

[NJ87]

do you really want to get into all the legal matters for just $2000 ? You have also done illegal stuff by paying for h1 costs. Now that you got another job you want to complain about company B. You shouldn't have paid in first place. That is illegal too.

Thanks for your thoughts, krv99.

Cheers,

NJ