Misuse of H1b
How to deal with misuse of H1b - done by consulting firm, such as One of my friend is working in Bay Area and his employer is generating pay stub in MN as employer (consultation firm) is in MN to reduce the tax. Using various loopholes to reduce the income tax so that they can increase the employee’s monthly take home as they are paying less salary they have an employee on H1b, who stayed in USA for 6months without a job (searching new job for 6months, contracts was expired from current client, and he was applying for new job/client) Take money from candidate to file h1b. Take money from their employees to file green-card for them Can we complain about such consultants? If yes where and how? AS USCIS getting stricter on H1b visa, can they stop such misuse and punish such firms?
Sounds like a lot of Employers. My current employer somehow is going thru loopholes to avoid reporting to California's layoff list (https://www.edd.ca.gov/jobs_and_training/Layoff_Services_WARN.htm) by giving 30 day notices. We know this coz nothing is being reported in the last few months and they have "laid off" 10-20 ppl already.
Report it to the USCIS. https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/combating-fraud-and-abuse-h-1b-visa-program
Basically Congress needs to update the law to fix the problems. There are only so many things USCIS can do within the current law and the trouble is they are sledgehammer solutions: the rules have to be the same for everyone so everyone gets caught in any crackdown. For example the new policy of denying instead of RFE hits everyone. Congress could add some criteria to the h1b that would target the abusers more narrowly, such as additional rules/restrictions on specifically consulting, and other specific abusers.
Having rules is one thing, following it effectively is different thing all together. It seems many are not following the current rules. Congress should find such firms and impose heavy fine to them
Please report it to USCIS... I guess you can even do that anonymously
Fuck these fake consulting firms so hard...that would solve some of the h1b, eb2 and eb3 problem
I would love to, but not sure how?
Elect Trump MAGA again to prevent misuse of h1b.
Oh god. 🙄
I have to agree with you and the strange part is, this is coming from an Indian who is on H1B...
Once reported to UsCis they will do investigation and ask for documents etc. Unless there is witness who comes forward and proves it not much is going to happen unless there are past complaints and / or many complaints in a relatively short timeframe. Think if you are this crook co owner are you going to show that you are bending the rules to your own benefit or will you show what you want to show? I wish it was simpler but it isn’t. Another way is that this employee shall tell the employer that he/she will complain to UsCis if fair practice and law isn’t followed and then it might solve the issue but if not he will have to write to UsCis and seek help.
I think, W2 can help showing that the employee is taxed on different state than where it is currently working, is it a valid point?
Is that illegal? I ask as I don’t know 🤷🏽♂️
Once reported, even if this time they might get off, future petitions filed by this consulting firm would definitely suffer.. Just report those mother fuckers
TC or GTFO
80k n 7yoe for the guy working for that firm, mine is 150k+ 80k rsu 9yoe
Let him have that 80k. He probably works harder than you only to get deported back to India soon because of self-deputized ICE workers like you.