Urgent - H1b employer not giving my H1b visa processing money back when he didn't even applied for H1b!

hustlehard

By hustlehard,
in H1B : General

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hustlehard Newbie

hustlehard

Posted
Posted

Hello friends,

 

So here is my story. I was an idiot to get into sweet words of this employer SweetButFraud Inc. He asked me he needs money to process my H1B visa and won't proceed without it. I had to give him $3500. I know I did a wrong thing, but just listen ahead. I asked him clean and clearly what are the terms and conditions of employment and specifically asked if there is any kind of bond or something like I have to work for say 1 or 2 years or any specific time period and if there is any penalty if I leave early. He agreed to everything I said and said there is absolutely no bong, no penalty etc. So I said okay, and gave all my documents, passport copies, SSN scanned copy etc. etc. absolutely everything (along with money). 

 

Now, 5 days before 1st april when the USCIS starts accepting the forms, he comes back and sends me the actual Terms of Employment which is a 40 page book which has all the inhuman terms of employment I could have ever thought of.

 

Some horrifying examples are 

1. I cannot leave the company until the H1b visa is valid. If I do so I have to pay $10,000 + any amount the company has incurred to process my H1b visa + telephone charges + any other charges company has expensed for me. 

2. By signing this document I agree to loose my right to file any kind of complaint against the company for any issue related to payment/employment in any state's jurisdiction and all the conflicts should be settled outside of the court by neutral binding arbitration by the American Arbitration Association under it's commercial rules. 

3. If any legal action happens I have to pay for their attorney!! And many other such clauses. 

 

I read each and every word of this document. Obviously, after a day of thinking, I called up and said I don't agree to this Terms of Employment. If you don't take out these clauses from the doc I am not going to sign it and you can withdraw my application for H1b ( all this happened before 1st April so they were yet to submit my application.) They tried to convince me with their sweet words that these docs don't hold much and this is just a formality, but I was rigid over removing these slavery clauses from the doc. I didn't see any point to go with such a company and said don't process my H1b visa. (I'm already in US so wasn't mad about getting here). 

 

Now the game started. They first told me they will return my money. But after 2-3 days they have stopped picking up my calls. I have been calling them for many days now, called up many times, left dozens of voicemails and there is no response from them. I don't have an email trace of the money transaction because they strictly said not to write anything in the email and if I write they won't process my H1b visa - this they told right at the start when I thought it is a good consultancy company. Also, they took money in the bank account of another company X, but they have sent me the bank account details of this X company via email (but intelligently through a different gmail id though ). 

 

So, essentially the company lied about the terms and conditions and took my money. Now they aren't processing my H1b and not even returning my money back. 

 

My questions:

1. If I have to file a complaint, which government body it should be ? DOL ? USCIS? or any other department ? As I am not an employee of SweetButFraud Inc and I didn't sign any employment agreement as such, is it a valid case for DOL? They didn't submitted my H1b application is it a valid case for USCIS?

 

2. I am not sure if they have submitted my application or not. How to confirm this? I signed a single page doc which said that they can process my H1b visa, this was long time back before they came up with the actual terms and conditions of employment doc. Can they process my visa on basis of that doc and all info I provided without my consent? 

 

3. He has all my Visa related docs, my passport copy, my SSN card copy, my pay slips etc etc etc. Is there a reason for me to fear that he will use this information to carry out any fraudulent activity under my name? Is there any way to protect myself? 

 

Any suggestion to get my money back is welcome. 

 

Looking forward for some help from this awesome forum. Thank you so much for your time. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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t75 Advanced Member

t75

Posted
Posted

When you try to buy a US visa, do NOT expect any sympathy on this forum. 

 

You need an attorney in the jurisdiction where you signed the contract to review it. You can complain the USCIS about the company, but it cannot get your money back. DOL handles compensation complaints.

 

You participated in immigration fraud against the US. You had to have known that your actions were illegal. I hope you never get a US work visa because employers in the US - and USCs and other guest workers - deserve to have only guest workers who follow US laws which you have demonstrated that you do not and only want help when things are not going your way.

 

You created your own problems.

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JoeF Advanced Member

JoeF

Posted
Posted

You can't do anything with DOL because you haven't employed so far with that company and the DOL only resolves work related issues not this.

Actually, that's wrong.

A WH4 can also be filed in a situation where the employer asked for money, even if the person isn't working there at this time. And indeed, a WH4 should be filed.

A WH4 is to report any violation of the H1 rules, and that includes the employer asking for money for an H1.

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