Is it advisable to challenge an MNC giant legally?

[student123]

Hello Everyone,

I have a weird situation with one of the IT Consulting giants, ********************.

- In the month of June 2012 I have applied for a Full-time job with *** and a Talent Acquisition HR (HR1) was dealing with my application process.

- After the interview process I was given a job offer on 25th July 2012 which clearly stated that I would be working for their customer, *********.

- I have accepted the job offer on July 25th and mailed the signed letter to the specified address. Note: On the same day I had to travel to India for personal family reason.

- I collated all the required documentation for initiating H1B Transfer on 2nd August 2012 and asked my friend in USA to send them to the *** immigration team.

- My tentative joining date according to the offer letter was 20th August 2012, as they are yet to perform my background verification for which I was constantly co-operating them by submitting supporting documents and references.

- I arrived back to USA on 23rd August 2012 and called the HR1 to confirm about the status with *** as I arrived after the tentative joining date. The HR1 assured orally over the phone that I am a *** employee and said not to worry and shall run my paycheck from next week onwards. I was also orally confirmed by HR1 that they have initiated the H1B Transfer.

- On 23rd August 2012, I have served my employer with the notice period and asked him to relieve me from his services, where he wasn't happy but said shall revoke my H1B with his company as I was moving to a new company.

- After few days I got a call from the *** Manager who also works for the ********* client, stating that there is one another interview that I have to clear with the ********* IT team. Unfortunately the interview didn't go well and got a feedback that they are not interested as there was a mismatch in the requirement and my profile.

- Few days from then I haven't received any response from the HR1. I went through my job offer letter and found the HR2 contact details who issued the offer letter.

- I sent an email and called the HR2, where she said that I wasn't a fit for the client and said will search for a new client to work with. The HR2 also mentioned that they haven't initiated my H1B Transfer as I have no client letter and no valid LCA.

- I was scheduled 2 more interviews with 2 different clients of *** where one of them was a positive feedback, but unfortunately the client decided to go with another vendor who has a low bid on the project. The second interview was again a mismatch with my skill-set and was rejected.

- Now it has been almost 10 days that I haven't received any communication from the *** HRs even after my numerous attempts of sending emails and calling them.

- I am confused about my situation where I am not sure about my immigration status. Also haven't got any pay from neither of the employers (old and prospective) since 23rd August 2012.

- I am stressed out and emotionally depressed. Honestly I am financially challenged and left with only USD 49 in my bank account for survival.

I am not sure what should I be doing!

Thus I was wondering if I can challenge the MNC giant legally asking them to start my pay and initiate my H1B transfer. What are my odds in challenging the company? What is the cost involved in this and whom should I be approaching? Also how many days time is required for the H1B revoking process?

Kindly provide me your valuable suggestions and expert advice.

Thank you for your time going through my post and appreciate any help for my scenario.

[t75]

US employment is "at will". They can terminate you at any time. Oral contracts are difficult to prove and you should never rely upon them.

You have the additional problem of entering the US on 8/23 using the documents for your first employer without the intent of working for him as you stated that was the date you completed you notice period with your first employer. In fact, you state your joining date to B was 8/20 - prior to your entry to the US with A's approval notice.

You are out of status. You have misrepresented your situation on entry; material misrepresentation has serious consequences.

You quit employer A and he has no duty to pay you and is required to report your departure from his firm.

I think you should worry less about legal action against the MNC and more about the consequences of your imnproper - and possibly illegal - entry into the US. You need to find the money for a lawyer.

[SameerH1Bworker]

ask your current company to withdraw your resignation and continue working with them.

[ragarwal@gmail.com]

Even I agree with the what has been suggested by

SameerH1Bworker