Company-A interviewed skilled candidates from the Philippines between October 2005 to January 2006 and seven candidates were selected.
Company-A sponsored the seven candidates as H1B employees with an Employment Contract Agreement that guaranteed a salary of ranging from $50,000 to $60,000 per year, medical insurance and other benefits.
Last November 1 and December 3, 2006, Employees started arriving in the United States . From the time of every one’s arrival until the end of December 2006, not one of the Employees received any amount as salary. The only tangible benefits given were: shelter in the guesthouse, basic grocery needs and transportation service from the guesthouse to the office and back.
With repeated meetings with the management, the Employees tried to complain about the non-release of salaries and for Company-A to honor everything what is written in the Employment Contract Agreement. Company-A explains to us that they are a job placement agency (we are not told beforehand), that we will be only paid once we are placed in other companies and further explained that the ECA is for USCINS purposes only. And even told us that they might call/write the immigration and declare us as out-of-status and we will be force to go back to the Philippines.
Question:
1. Can we demand the salary stated in the contract submitted to the immigration?
2. Can they really cancel their H1B sponsorship and leave us out-of-status?

