I was an employee of some company in TX. They applied for my H1-B visa under premium processing and obtained my visa within 15 days. I joined their company immediately after H1-B visa was approved.
I didn't get paid, not only that I was forced to sign one page by talking me into firing and terminating my H1-B and deportation within 10 days, I was told eveyone who joins their company has to sign that page. Moreover, after they obtained my H1-B they did not return me my I-94 and neither did they give me my I-797, H1-B petition documents etc.
months passed by I didn't get paid for a long time about six-seven months, they found me a project in some other state. I went to the client's place. After that employer started sending me some checks/pay-checks on their own whim. I had been requesting for my H1-B petition documents, I-94, I-797 and other documents from the day my visa was approved. Finally, when I informed them that I am flying my home-country for visit and visa stamping they sent me documents after about a year or so.
I had two choices either go home-country and get visa stamp or quit the employer who harassed me for a long time and didn't pay me for more than 6-7 months. Yes!!! I did the obvious thing.
I switched. After I switched my employer did not pay me for about a month and half salary even while I was working at client's place. What did I do? I filed wage-claim with Texas Work-force commission. What happens next?
Employer sues me in the court for breach of contract and tortuous interference etc. Now that one page document suddenly splits into 8 pages and non-compete, trade secret, two weeks notice before quitting, 1.5 years contract etc. comes into contract overnight. As an H1-B employee who wasn't paid for more than six months I didn't have enough money to hire an attorney, so first time when they demanded injunction I had to appear by myself in person during Injunction hearing without an attorney. I represented myself and my employer's demand for injunction was denied, and my present job at the client place was saved that day.
What the Texas Workforce commission does? They dismiss my claim. I appealed the decision. Which leads to the hearing. After hearing Texas Workforce comission realizes that the employer had to pay me and rules out that Texas Workforce Commission has jurisdiction for only past 180 days they can not rule anything over the period before 180 days.
I was still awarded back wages, but my employer even appeals to that decision and sues me second time for the same causes in a different county court for which they already had sued me. Now, I have two lawsuits. Fun!!! isn't it? Not to mention they sued Texas Workforce Commission too. (I must admit here, they got the balls)
I got both the case merged into one court following some motions and hearings.
Now, all the documents that my employer submitted with US department of justice and department of labor said that I was to be employed as soon as my H1-B was approved. And I was hired based on annual salary not on hourly basis.
But in the court employer said I was not their employee untill I went to the client's place (after about six months). Wow :!: That means :idea: welcome Al-Quaeda, welcome Saddam's disciples, you got a degree in computers? Contact my previous employer you would get a free ride... :twisted: They would be happy to sponsor your H1-B visa and you won't be their employee untill you go to a project, I got six months who knows you would get even a year. (you might be able to carry out your big project before they put you on project... there are still a lot of tall buildings left in America :twisted: ).
First they tried to prove in the court that they were training me, and when the court was almost convinced that they did not train me, they came up with I was not going to their office but I enjoyed the free stay on their premises. (Note for Al-Quaeda and Saddam's disciples, DON'T WORRY ABOUT ACCOMODATION its included :wink: - You are welcome). Or I did not agree to work for them. Woohoo!!! See my power, I am telling NO to my employer that I did not want to work who is holding my H1-B visa and who already threatened me to terminate my H1-B visa. I just love to live in America without enough food and proper accomodation and yeah No work.
Now, let me think... did they lie to US department of Justice that they needed my services commencing the date of approval of my H1-B, and I was a salaried employee with $X annual salary? No :?: ... they did not... :!: hmm... :idea: then what does it mean that I was not their employee for first few months and they were not liable to pay me?
but on the contrary since I left their company, I am supposed to pay them back for their losses.
I have it going on for more than a year in the court... Its a bumpy ride... But I AM NOT INDENTURED SERVITUDE. Why do I give up?
What do you think, should I? Have I done anything wrong? Need I pay such an hefty fees just because I am on H1-B visa and not the US citizen or green card holder? Need I pay for my freedom in this free-country The Land of Opportunities?
May be if more ppl like me came close together, then there are more H1-B employees than the employers. One person may keep knocking the door all life it may or may not open, but a mass would knock the whole castle of such employers off. Even Gandhi needed the whole nation to fight slavery. 8)
I don't know why I am posting this here... but I felt like sharing my experience here.

