H1 Transfer- How to complain about my ex-employer

[rajesh.k]

Hello,

 

My spouse came to US in March 2014. She got a genuine 8+ years of work experience and was looking for sponsor. We found one immediately and they filed for COS from H4 to H1 on Apr 1st, 2014. The COS got approved and the employer was in different state. We thought my wife has to go and report in the sponsor's office on Oct 1st,2014 but then we realized they don't have any projects and they asked her not to come to the office. They asked to stay her in our current place and they will start marketing and once they find a project, she need to join. So we said ok and their marketing team started marketing her resume and the rate was discussed by the employer. She got lot of calls and cleared almost every technical interview. But it is not moving forward. It was already Dec 2014. When we asked the employer about salary, they said they won't pay until they find a project. We realized we got in a trap and we are violating the rules by supporting this shady employer. We wanted to stop immediately this and my spouse started searching FT jobs rigorously(Meanwhile they shady employer didn't find any project even though my wife was technically strong because they were greedy and asking for too much rate for every interview. So she was not able to be in a project). After her rigorous search and due to her technical knowledge, she found a genuine US startup company who were willing to transfer the H1 even knowing that she was not paid. After the LCA cleared, they applied for H1 transfer process and got the receipt in a week. So she started working for them from Feb 1st, 2015. Now the H1 transfer is in process, we informed the shady consultant to pay the salary and give all the paystubs. We were shocked with the response from that shady employer. They said to my wife that she never joined our organization and they don't know who you are. Now We are thinking to make a complaint to DOL about this? Can anyone please tell me if making a DOL complain will help for her H1 transfer's RFE if any and what if the shady employer says she never joined the company??? She got the proof of emails from that shady employer's company domain address till Feb 1st?? Also email records like W4 form, I-9, SSN from their HR department. Will that be enough to proof to DOL that I was with the employer? Because she was not physically reported in their office and also she had different address on her DL and SSN. Please help. Thanks

[rahul412]

Yes, you have enough documents to take action against that FRAUD employer. File a complaint and make sure he gets deported. Please let us know the result.

[jairichi]

Basically she had reported to her employer in Oct 2014. Since she was not paid she was out of status. She needs to file a complaint with DOL against employer. This will help her to get all salary dues and transfer approval with new employer. During investigation provide all the proof to investigating officer.

[rajesh.k]

Thanks Rahul and Jairichi for your response. Sure I will complaint about that shady employer but since my wife was not physically present at their office, can they say she never reported and she never joined the company??? What should I tell the investigating officer about this situation? Will they agree if I say the company asked her to stay until they find a project??? Will the DOL complaint copy be suffice for the paystubs for H1 transfer approval??

[wiweq]

Register a complain using WH4 form on you state's DOL website. WH4 form is made to save your H1b rights.

Also call to ICE and local FBI office. 

[jairichi]

Thanks Rahul and Jairichi for your response. Sure I will complaint about that shady employer but since my wife was not physically present at their office, can they say she never reported and she never joined the company??? What should I tell the investigating officer about this situation? Will they agree if I say the company asked her to stay until they find a project??? Will the DOL complaint copy be suffice for the paystubs for H1 transfer approval??

She has completed her I9 and also has all email correspondence with employer. Should not be a problem at all.

[rahul412]

Thanks Rahul and Jairichi for your response. Sure I will complaint about that shady employer but since my wife was not physically present at their office, can they say she never reported and she never joined the company??? What should I tell the investigating officer about this situation? Will they agree if I say the company asked her to stay until they find a project??? Will the DOL complaint copy be suffice for the paystubs for H1 transfer approval??

Yes, you can do that. Moreover you have emails of I-9 and W-4 forms from that employer, so you are good to go.

[JoeF]

This shows that it is very important to have a paper trail. With the emails, a WH4 is a no-brainer. Go ahead with it!