Request Immediate Help!!

[Require_help]

Hi All,

I am in a very difficult situation right now and any help in regard with this will be highly appreciated.

I was on my F1 OPT and my H1 was applied this year under the H1 cap by an Indian consulting company(H1 applied in US). I got an RFE on 24th Sep due to which the immigration team of the company told me that I cannot work after 30th Sep.

Later the company asked me to work from their India office till they resolve my H1 RFE. I agreed to their proposal but on reaching here they offered me very low Indian salary ( nowhere as compared to what I was earning in US). I refused to accept it and now the company is telling me they cannot proceed with my H1 and will terminate my employement if I do not accept the offer.

Can you please suggest what I should do in this situation.

1. If I accept this offer, I do not know how long they will take to process my H1 and I might end up spending a lot of time in India.

2. How can I reach out to USCIS and inform that the company is cheating/ exploiting me and do not want to process my H1

3. Can I transfer my H1 to some other employer at this very initial stage.

3. Can I sue the company in US, how and on what grounds.

Please help.

[JoeF]

Employment in the US is at will.

Find a better employer.

[shandan]

1. If I accept this offer, I do not know how long they will take to process my H1 and I might end up spending a lot of time in India.

• If they do process the documents on time, then the rest of the processing time is dictated by USCIS, I do not know what do you consider as a lot of time but it surely will be a few months.
  

2. How can I reach out to USCIS and inform that the company is cheating/ exploiting me and do not want to process my H1

• It is not USCIS, you need to contact Dept of Labor, and also H1 is not your right, and company can choose to sponsor H1 or not, but if something is promised and not delivered that falls under Dept of Labor.
  

3. Can I transfer my H1 to some other employer at this very initial stage.

• Unfortunately not, you would need to file a fresh H1, since your prior H1 petition is not approved, so H1 status does not exists to be transfered.
  

3. Can I sue the company in US, how and on what grounds.

• Do you really want to spend time money and effort, if you are pissed off on the employer, you can take him to DOL but being in India and suing in US, do you think that is worth your efforts ? The employer did not deny replying to the RFE, and you accepted there offer to go back to India, it will be hard to prove without a written contract which details the terms of your employment in India, which I am pretty sure does not exists, any wrong doing.
  

[rahul412]

Hi All,

I am in a very difficult situation right now and any help in regard with this will be highly appreciated.

I was on my F1 OPT and my H1 was applied this year under the H1 cap by an Indian consulting company(H1 applied in US). I got an RFE on 24th Sep due to which the immigration team of the company told me that I cannot work after 30th Sep.

Later the company asked me to work from their India office till they resolve my H1 RFE. I agreed to their proposal but on reaching here they offered me very low Indian salary ( nowhere as compared to what I was earning in US). I refused to accept it and now the company is telling me they cannot proceed with my H1 and will terminate my employement if I do not accept the offer.

Can you please suggest what I should do in this situation.

1. If I accept this offer, I do not know how long they will take to process my H1 and I might end up spending a lot of time in India.

2. How can I reach out to USCIS and inform that the company is cheating/ exploiting me and do not want to process my H1

3. Can I transfer my H1 to some other employer at this very initial stage.

3. Can I sue the company in US, how and on what grounds.

Please help.

Find a new employer who can sponsor you H1, after landing in US then you can take action. This is my opinion, wait for more replies......!!!!

[Require_help]

I declined their offer in India..and told them to reply to my H1 - RFE and will join back in US.

Is it required that I need to be a on India pay roll of the comapany since I am in India now. The employer is telling me that if I do not accept the offer in India..they cannot proceed with my RFE as per the immigration lawyer. Is this true?

[Require_help]

3. Can I sue the company in US, how and on what grounds.

• Do you really want to spend time money and effort, if you are pissed off on the employer, you can take him to DOL but being in India and suing in US, do you think that is worth your efforts ? The employer did not deny replying to the RFE, and you accepted there offer to go back to India, it will be hard to prove without a written contract which details the terms of your employment in India, which I am pretty sure does not exists, any wrong doing.
  

I declined their offer in India..and told them to reply to my H1 - RFE and will join back in US. I did not accept any offer in India as yet.

Is it required that I need to be on India pay roll of the company since I am in India now. The employer is telling me that if I do not accept the offer in India..they cannot proceed with my RFE as per the immigration lawyer. Is this true?

[shandan]

Employement in India has no bearing with your H1 in US.

[JoeF]

I declined their offer in India..and told them to reply to my H1 - RFE and will join back in US.

Is it required that I need to be a on India pay roll of the comapany since I am in India now. The employer is telling me that if I do not accept the offer in India..they cannot proceed with my RFE as per the immigration lawyer. Is this true?

The employer can rescind the H1 at any time they want. There is nothing at all you can do.

Find another employer.

[t75]

You have no grounds for action from what you have posted. They do not have to reply to an RFE by any US law. You don't have to work for them in India unless you want them to employ you in the US since that was there offer., What you do in India is not the concern of the USCIS- as long as it is legal:)

The conpany is NOT "exploiting" you; you chose to work for him; he gets to chose whether or not to continue to employ you.

A US DEGREE IS NEVER THE GUARANTEE FOR A JOB IN THE US.