My consultancy has filed my H1B through fraudulent system and they cannot be contacted . Not responding Nepali owned should I get a lawyer ?
https://www.siliconvalley.com/2023/05/01/h-1b-feds-want-criminal-charges-over-application-fraud-for-silicon-valleys-favorite-visa/amp/

definitely lawyer up n try to get the best immigration attorney in the job because if its under 212(a) (6)(C)(i) its lifelong ban to enter the US , not even waiver . its getting intense these days .

Ram bhakta I got the job desi style fake resume and I don’t know if I should go to work on Monday . What will my company do to me if I get a lawyer , the recruiter and the whole team who ran the consultancy have dissapeared , I don’t think I will be paid either now , should I apply for masters program , I will lose my status now, Hell has broken lose in my life suddenly.

not a legal advice but i would not start my payroll with a fake vanished company that is already or likely to be black listed .

an indian coworker from my previous job now is in similar trouble . some few years back, while on OPT , a NJ based desi company ( now blacklisted ) had used some fake documents to get job for him and hundreds others.

now coming this far, working in a reputed company ,he gets visa denied citing mistake made by a desi consultancy years ago . Indians get in this kinda trouble all day because unlike us their pathway to green card is 100 years long .

i would hv immediately abandon h1b and gone back to tps or school . immigration attorneys ( better ones) are expensive as hell.

I asked Avvo and the attorneys there told me I could sue the consultancy for ruining my H1B . It’s a NOIR which means my H1B is not in existence anymore , How can I change my status now ? I have to reapply for a visa leaving the country . They have business insurance so I want to sue them and get some money from this bastards , there probably are more like me . Anyone ever sued these body shopping IT consultancies before ?

Hi @H1Bseeker, I can share my experience, which might be helpful to you, lets get connected, check your sajha inbox.

Rajan you can share here pls I want to get other people’s view on this situation , deep shit situation , how to fight NOIR , my H1B was accepted in 2022 now I am out of status . For multiple filing by my consultancy , they were still paying me until last week should I go to work ?

H1Bseeker,

Interesting.

I did not watch the video so forgive me if I am incorrect.

Although, I would think that the burden of proof lies on the "charging" party on the Criminal case (i.e. the government) while the burden of proof lies on the defendant on the Immigration case.

Summarized (and corrected) as:

Criminal law: Government has to prove this was done WITH your knowledge.
Immigration law: You have to prove that this was done WITHOUT your knowledge.

Ben how much commission did you have to pay to desi consultancy to get your greencard??? They prepared you all the fake resume to get a job … dint they ?? Why are u trying to be a saint now ?

passinthru,

Tesla guy, 

You admitted heading to desi consultancy somewhere in NJ and obtaining GC through them . It has been almost 4-5 years old now i guess when underwear discovered how you acquired GC. You guys even argued about this matter here in sajha. Why do you have to fib now bennedict ??

Tesla guy,

Where am I supposed to find these bastards man , the freaking recruiter is long gone and his Facebook profile is very funny looking , linkdln is no picture just name and address of the company is fake , aba yo chor consultancy haru le kk garyau ahile po barbad vayo NOiR le . Status bina kaam ma jane jasto vayo situation . American dream yo chor consultancy harule sarabanas nai garyo , feri Nepal ma kehi chaina survival situation . Approve vako H1B pani Yesari 1 barsa Pachi kasari samaucha yaar ra yo mula consultancy lai samaune kasari . Kasto chor haru ho yo consultancy haru . Yesto vako haru Aru pani hOLa out of status vayepachi k garne give me advice .

H1BSeeker,

bro seems to be in deep sh@t trouble , his h1 -to gc path is an uphill battle, unless he sues consultancy for fraudulent and wins it . the good part is, vanished consultancy barely appears in court and failure to appear court is immediate justice for the plaintiff . class action lawsuit is even better .

or go back school , marry a us citizen ( if possible) and you have a green card .
advise-
don't go to work with this h1
don't leave the country

Hi H1Bseeker,
My consultancy was not paying me while I was on bench, my situation at that time was, I was on H1B but I was not being paid which means I was "Out of Status". I did lots of research on internet, I fortunately found "murthy.com", from that site's discussion, I figured out that complaining against my H1B petitioner in DOL (Department of Labor) was only option left for me. I had two options at that time,
1. Either stay in the US illegally
2. Or Filing complaint against my employer.
I was really traumatized by the situation, I can totally understand and feel the situation currently you are in,
I opted for the second option, because I worked really hard to get degree here, and I had no intention of staying here illegally,

I'm not sure if you are aware of the fact that DOL will provide you with lawyer (free of charge), and they will do the investigation. In my case, they did investigation and I got "Determination Letter" from DOL in 2-3 months of time I filed complaint, where they asked my Employer to pay all the unpaid H1B workers the back wage, with that letter I filed for change of status, then went back to Student status.
Though I did not get my back wages (which was not my primary intention), my only intention was to be back to status. I hope my experience will help you in anyway to move forward. Check the "Department of Labor, wage and hour division" https://www.dol.gov/agencies/whd and do some research of murthy.com or other sites.
You can ping me if you think I can be of any help

All the best

Ram Bhakta,