Archive for the 'FAQ' Category

An Ounce of Prevention…Clues Your New H-1B Employer May Not Play By the Rules

Starting a new employer relationship can be risky. You never know if the employer’s representatives are good people who will follow the rules and treat you right, or if they are just talking a good game and are actually out to exploit you and your immigration status. There is no fool proof way to predict […]

FAQ: I’ve Been Benched and Have No Pay Stubs. Can I Change My H-1B Visa?

Image by mirsasha via Flickr Question 1: I’m an H-1B employee and I have benched without pay, but I have found a new employer. I have no pay stubs. Can I “transfer” without leaving the U.S.? Question 2: I’m an H-1B employee and I was benched without pay, but when I complained, my employer fired […]

My Employer Made Me Pay For My H-1B Application and/or Deductions from My Paycheck. Can They Do That?

Image by el swifterino via Flickr Were you forced to pay for your H-1B application fees? Did your employer order you to travel to another city for work and make you pay for your own hotel? Did your employer make you pay for your plane trip to the United States from your home? Can your employer do […]

Is Your H-1B Employer Threatening or Harassing You Because You Complained? Consider These Things.

Image by 96dpi via Flickr If you complained to your H-1B employer because they committed wrongs– such as making you pay H-1B filing fees and benching you without pay– you may find the employer has compounded the problem by threatening or harassing you because of your complaint. The law prohibits an employer from retaliating against […]

My H-1B Employer Makes Illegal Demands On the Phone or In Person, Never In Writing- Can I Record Them?

Image via Wikipedia Does your H-1B employer make illegal demands (e.g. demand that you pay them $3,000, or else they’ll fire you and cancel your visa), and make such illegal demands over the phone or in person, as opposed to in email/writing? When H-1B employers make fraudulent requests, they often make the requests over the […]

Want to Post to a Message Board About an H-1B Employer? Think Twice, and Count to Ten

If you are thinking about all your problems with your H-1B employer, and want to tell the world- or, tell Facebook, listservs, and/or Desi message boards- you should think twice and count to ten before posting. It is understandable to feel highly frustrated by an H-1B employer who has benched you, underpaid your wages, unlawfully […]

Things to Consider Before Filing a Department of Labor (DOL) Complaint for H-1B Wages

Image via Wikipedia Our law offices commonly receive phone calls from H-1B workers who: (1) have unpaid wages; (2) filed a Department of Labor (DOL) wage complaint; (3) and THEN called our law offices.  At this point, they often ask us whether we can provide legal advice for their DOL matter, or whether they can […]

My H-1B Employer Is Asking Me to Take a Vacation… Last Year

Given the poor shape of the U.S. economy, fraudulent H-1B employers are likely to adopt new tricks, or to increase the use of old ones, with benched H-1B workers. If you have been benched, your employer may approach you and ask you to sign a document that falsely states that you took voluntary leave (e.g. […]

Employer Not Providing Your W-2? Here’s What To Do

It’s tax time, but you haven’t received a W-2 from your current or former employer.  So what do you do now? First, ask your employer about it. Perhaps your W-2 was sent to a wrong address and you simply need a new one issued. If the W-2 contained wrong information, tell your employer to correct […]

Keeping Your Nose Clean: Refuse Your H-1B Employer’s Requests to Break the Law

The recent indictments alleging H-1B and green card fraud show the dangers that can occur if H-1B employees agree to perform unlawful acts requested by their employers. Has your H-1B employer asked you to work in a city different than the city stated in your H-1B documents?  Or, has your H-1B employer told you to […]