H4 to H1 with a desi contracting company

[meera_godse]

Hello,
I am on H4 visa and thinking of filing for an H1 through a contrating co. But I have also heard the horror stories of these desi contrating co. which makes it more difficult for taking a decision.
i do not hold a US degree but i do have job experience from india. Can anyone advice on how to go about this situation.
Its essential for me to travel to india this year. If I go ahead and file through some co, will there be a problem at the consulate when i go there to get my visa stamped ? Is it advicable to travel during such a transition ?
What happens if I am unable to find a project & I'm on bench ? Am I an illegal resident in such situation ? please advice.
mira.

[logiclife]

Unpaid bench means you are "Out of Status". Not illegal.

When you are present in the country after your I-94 has expired, then you are illegal.

There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.

[file485]

again from H1 to H4 ..if u dont find a job will be another major horror story if u want to change your status from H1 to H4 as you have 2 show atleast 2 paystubs to show u maintained your H1...or go back home and get a H4 stamping...

all is a horror story..either u take a H1 and only look forward..even if u want to change your H1 to another company u need paystubs... so living in the USA is no joke,bottomline..

[logiclife]

One more thing about desi companies.

When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.

[krishna.ahd]

Originally Posted by logiclife

Unpaid bench means you are "Out of Status". Not illegal.

When you are present in the country after your I-94 has expired, then you are illegal.

There are 3 things guaranteed in life: Death, Taxes and unpaid bench when working for a desi company.

Whether you will go on bench or not depends completely on you, your skills, your willingness to find jobs across the country (not just where you live), your willingness to travel and the biggest factor : Market conditions. Right now, the market is good, and if you live in a big city with good opportunities, and if your skills are good, then you may be able to find a project wherever you live.

If the whole thing doesnt work out, then you can always go back on H4.( If you stop working, you have to file for H1 to H4 transfer also, its not automatic, many people have learned this the hard way)

About stamping, well, that's a question I really dont know the answer to. I have not heard of many examples or questions about what happens when a person on valid H4 applies for a H1 stamp. Someone here, if he/she has experience may be able to answer.

Very well said locilife (about the things guaranteed in life)
Double (triple??) check about the desi consulting compnay and their ability to get you the project.

Good Luck.
Krishna
"When the going gets tough, the tough gets going"

[Madhuri]

after going through Logiclife's posts, I remembered all the horror stories I see happening aroung me since past 6 years, I also had arole in one of them.

Just thought a low-budget film about 'H-Horror' will be a good idea to expose these desi companies.

[meera_godse]

thank you all for your time and advice.
is there a website where i can find reviews of such companies.

[logiclife]

You can look for reviews at 3 locations.

Here, on immigrationportal.com and on desicrunch.com

Over here and on Immigrationportal.com do a search on forums by typing your company name.

On Desicrunch, I dont know how to look, dont go there very often.

[chanduv23]

It is just not desi compaanies, but small companies in general want to save every peenny and would like to extract more work and would not mind about ur status or legality but will just get their work done.

When you join desi company you have to deal with crap. Must be very careful while inbetween projects and make sure u don't accrue any bench time.

[meera_godse]

thanks. Found a few reviews on desicrunch. but very few.

[ivuser]

Hi,
I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.

Thanks

[arsh007]

Originally Posted by ivuser

Hi,
I know a good desi firm. The firm takes just $2/hr for the operational expense. If you need more info please send a private message.

Thanks

I have looking out for companies to sponsor my wife's H1 (she is currently on H4) here in St Louis, MO. One local company (less than 25 employees) is ready to sponsor my wife's H1 provided the following conditions are met:

1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.

I was ready for all conditions except 'paying payroll taxes when not on project'. That would mean paying around $700-$800 each month or more...Its surprising how desi companies can impose such conditions....

I am still contemplating whether to go ahead with this company or tell him "GO to HELL".......

[logiclife]

1. Pay H1 costs (including petition and attorney fees)
2. Pay payroll taxes for my wife from Oct 1, 2007 if she manages to get an H1 but is not able to begin working on a project.
3. Refund of H1 costs after completing 6 months on project.

1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.

2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.

3. If you are paying for H1 (which is really not legal) what would you refund them?

So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.

[pitha]

I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

Originally Posted by logiclife

One more thing about desi companies.

When you go from H4 to H1 or F1 to H1, you are legally allowed to work for your sponsor only after H1 approval (I-797) comes, not after the receipt notice comes. When you transfer H1s from company A to company B, you can start working as soon as the receipt notice for transfer petition is received. That is the law.

Now, since our dear desi employers are known to be greedy and also known to be comfortable in bending, breaking or ignoring the law, once they file for your H4 to H1 transfer, they would want you to start working right away. Forget about waiting for H1 approval notice, they are unlikely to wait even for the receipt notice. It would be illegal to work on H4 even if you have the receipt notice in your hands for H4 to H1 transfer.

However, they would want you to work, so that you can start generating the revenue for the company. (hey, it costs money to do your transfer and money doesnt grow on trees). And who's gonna know. Once you are a willing participant in this, you are not going to report it, they are not going to report it and the client (your project location) would not even know the difference between H1 and H4. And ICE has its hands full in busting illegals working in meat packing plants.

Now, that is not all. In order to cover up the fact that you were working (and on their payroll) while in H4 without waiting for H1 approval, they may pay you in checks other than payroll checks. Either as an expense check or something else(cash, money order etc). There is another law they are breaking in the process of covering up the immigration law violation. The tax laws. By not paying you on a regular payroll, they cannot deduct your income tax and the employer's payroll tax. So it would be "Off the books".

Anyways, clarify with them that you will not work until you see the original approval of I-797 in your hands. That way, you wont be dragged into this mud.
-------------------------------------------
PS
I am not advocating that anyone break any laws. I am just stating what I have known from this industry and the usual practices so that people can avoid getting into situations where they unknowingly break the laws due to their employers' greed. Also, I am not denigrating Desis or desi companies, I am myself an Indian.

[arsh007]

Originally Posted by logiclife

1. Asking employees to pay for H1 costs is not legal. It would be in violations of CFR.

2. That is also illegal. Employer cannot ask employee to pay for payroll taxes that the employer owes IRS, and too, when you are not even working. It would be an attempt to cover-up the violation of immigration law: Not paying on bench. The only alternative to all that is cancelling her H1 if she cannot find project and if they cannot pay her, but that again would cost money. Damn its too expensive to operate a business legally obeying every friggin law.

3. If you are paying for H1 (which is really not legal) what would you refund them?

So whether you want to tell them "Go to hell" depends on how much you want the job and how much bending/breaking of law can you do.

Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.

Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.