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H1B workers rights and responsibilities

Discussion in 'Working Nonimmigrant Visas' started by Ron Gotcher, May 14, 2010.

  1. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The DOL has prepared a set of links to pages that describe the rights and responsibilities of H1B workers. You may view it by going here.
     
  2. 3MWR511

    3MWR511 Junior Member

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    Re: H1B workers rights and responsibilities

    hi Ron,
    Is this the correct link? The page seems down....
     
  3. abused

    abused Junior Member

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    Re: H1B workers rights and responsibilities

    Ron,
    I have been following you since some time. I am terrible situation with regards to my H1b. I was on OPT (Stem) and work for e-verified company. Recently the sister company for my company filed for my H1b and my petition was approved in Feb of 2011. I have been maintaining my F1 OPT and H1b status. I have to leave the country due to family emergency hence I asked for my H1b approval notice. My employer is not ready to share even the electronic copy. What are the options for me? I have my f1 I94 but do I need to submit H1b I94 when I leave the country? How would I get my H1B stamped? Note that I do have option of coming back on H4. However I need some proof that I am maintaining my status as H1b in order to get my H4 stamp too, correct? Can I get duplicate I94 and H1b approval notice. I really dont have much time to wait due to emergency. On top of all this my employer is asking for big sum of money in order to provide me with my approval notice. How can I fight back keeping in mind that my status does not get jeoparidized and I can attend my family in emergency and come back on H4. Please advice.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B workers rights and responsibilities

    Thanks for the tip. The URL was good but the link was bad. That is, if you cut and pasted the link into a browser, it would take you there. I've tried to fix it by embedding the link and it seems to work now. Please let me know if you can't reach the URL.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B workers rights and responsibilities

    Has your employer explained why they won't give you the H petition approval? Do they understand that if you return in a status other than H1B you won't be able to work for them any longer? About the only thing that you can do is use the receipt number to look up your status on line and print off a copy of the screenshot. Make a copy of your H1B I-94 and your paystubs. With those documents in hand, apply for an H4 at the consulate. While you are there, give them an earful about the abuses inflicted upon you by your H1B employer.
     
  6. abused

    abused Junior Member

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    Re: H1B workers rights and responsibilities

    Thanks Ron for your response. The reason they give me is that they dont want me to leave and get stuck back home also they suspect that I will change my job if they give me my I94 and approval notice. They want to earn enought of me by not letting me travel, I have been working with them for more than a year which has fetched them lot of money. Can I leave just by submitting my F1 I94 which is not expired. Is there any action I can do to teach them a lesson. This is absolutely unacceptable worse than slavery. By the way my H1B got approved in Feb 2011 I still have not received any pay stubs is that an issue? I have my reviesed I9 that's about it.

    Regards
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B workers rights and responsibilities

    You most definitely may leave. They have no legal right to withhold your new I-94 however. They are legally obligated to give that to you. I suggest that you go the link in the first posting in this thread. Make sure that your employer fully complied with each and every requirement. If they didn't, file formal complaints with DOL and ICE.
     
  8. naveen143

    naveen143 Junior Member

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    Re: H1B workers rights and responsibilities

    Hi Ron,

    I was hired by a company for position A on H1b and after 8 months I was promoted to position B, and H1b was amended to reflect the change in job duties with new job title.
    Mean while Position A was filled by new person on H1b, but after 2 years that person left the company, at that time my employer asked me to do both jobs A & B. So for last 4 years I am doing both jobs A&B, but NO new H1b amend was done and No increase in salary.

    In other I have the same title as job B but doing two jobs A&B with out any change in H1b documentation and with out any extra money.

    I requested for new H1b and more money but they refused to give me any.
    What are my options here now? can I proceed legally about this? if so whom should I approach? I am afraid it may cost my job. Please advice. Thank you in advance.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: H1B workers rights and responsibilities

    You may proceed against them. One issue that you need to think about, however, is the fact that this has been going on for two years with your consent. You will likely be able to recover salary but you may lose your status when it is discovered that you knowingly worked outside the terms and conditions of your approved H1B petition.
     

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