| TIPS to H1B1 VISA HOLDERS – A Service of the India Network |
In the recent past so many small computer companies started bringing innocent software
professionals to USA by using wrong and illegal operating strategies using H1-B program.
Many people suffered a lot because of these small agencies. Many such cases did not come
out because of fear of possible retaliation from employers using the so called employment
agreement.
These tips are intended for aspiring people coming to USA in order to understand the
possible problems they could have if they are not careful. The table provides a collection of various things from the web and India Network takes no responsibility for any content errors or other damages arising out of employing these tips.
| Category | Things to note | Possible problems and suggestion |
| Employment offer letter | Go through the offer letter thoroughly. | |
| Make sure all the verbal assurances are in writing in the offer letter, If not don’t sign it. |
Benefits like providing AIR ticket to spouse may not be in writing. Once you land in USA and sign employment agreement employer may refuse to provide these benefits. |
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| If you are required to sign any employment agreement with your prospective employer at the time of joining or before joining ask for the copy of employment agreement. Possible standard excuses like “We are in the process of designing a binding |
Once you land in USA and signed the employment agreement it will become the legal document. Be careful about this. Most of the companies never used to give the copy of employment agreement/contract when the offer is made. This gives them the advantage to force you to sign whatever they are providing. Later this employment agreement contract could be used as a legal tool to harass you. |
|
| Passport | Only copy of your passport is required for H1-B visa processing. Don’t ever give passport to the prospective employer. |
Could be used as a tool to force you to join the company. |
| Originals of your Academic qualifications | Copy of certificates related to academic and job experience are enough to process your H1-B visa. Just to hold you till your H1-B processing is over, some employers may ask for originals. Don’t give it to them. |
Getting back the original certificates could be cumbersome process in case you decided not to join the company. |
| Employment Agreement/Contract | This is the most crucial thing. In most cases this employment agreement / contract is used as tool by the employers to make you dance for all their music. Read carefully before you sign the agreement . You can consult an employment lawyer before signing the agreement. You can get list of employment lawyers pertaining to your state of employment by visiting National employment Lawyers association http://www.nela.org/. |
In many cases, employment agreement is used as a tool to retaliate against employee, if there is any dispute arises between you and your employer. |
| Make sure you are paid irrespective of the fact, you are in project or not. Normally United States Immigration and Natualization services approval for your H1-B is for the existing job which could not be filled by native people. So if there is any terms like “you will be paid only if you are in project” appears in offer letter, don’t take the offer. |
There are many cases employees were not paid when they are not in project. If you have such problem after you join the company and you are stuck , call Immigration and Naturalization customer services toll free number 1-800-375 5283 and explain them the situation. They may able to help you out. |
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| Salary | Unless it is mentioned in the documents submitted by the employer to INS, your salary is annual basis. Not on hourly basis. There is nothing called bench period. You should be paid from the day one whether you are in assignment or not. Make sure no such catch is found in either in offer letter or in employment agreement. INS may not approve H1-B visas for hourly salary basis for the people coming from other countries. H1-B is meant for special skilled jobs which could not be filled by local people. |
If there is any clause like non productive period, be careful. Don’t accept the offer. In case if you are not paid after you joined the company in United states, call nearest office of Employment standard Administration of US department of Labor. They may able to help you. You can get phone number by visiting their site http://www.dol.gov/dol/esa. |
| Health Insurance | This is one of the most important thing. Remember without health insurance you can not afford for medical facilities in USA. |
Most of the companies never used to give full details about the health insurance coverage unless you ask. |
| Find out whether you should contribute any money for the insurance premium. |
It depends up on the company’s policy. Some companies provide without your contribution. Some companies used to ask you pay 20 or 25 % of the premium every month. |
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| Find out what is your co-payment for each visit. | Some companies used to provide cheap insurance coverage which requires you to pay 20% of the cost of medical expenses. If that is the case don’t settle down for these kind of health coverage. |
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| Make sure health insurance covers all your family members. | You may be asked to pay the insurance premium to your family members. |
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| Make sure Health insurance covers maternity if you are married. |
Most of the companies used to provide health insurance without maternity coverage. |
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| Find out whether the Health insurance covers dental and vision. |
Very few good companies used to provide this coverage, since it is a expensive one. |
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| Relocation Expenses | Make sure in writing that all the job related relocation expenses will be paid by the employer. |
Some of the expenses like moving your car, telephone re connection expenses, Department of Motor Vehicles related (to change you car registration/drivers licenses etc) may not be paid by the employer. In that case you may have to pay from your packet. |
| Getting VISA stamped in your passport | Please take photocopies of all the documents provided by prospective employer for your reference, before you go to the consulate. This is very very important. Only by going through the documents provided by your employer, you will know what category you are and what documents were provided to INS and Department of Labor by your employer in order to get your H1-B approval. This documents plays crucial role, when there is a dispute/legal problem arises between you and your employer. |
If there is a legal dispute with your employer in later stage, if you don’t have the copy of documents you don’t know what your employer submitted to INS and Department of Labor. |
| Once you join the employer | Get social security number and give the number to your employer and ask them to put you in pay roll immediately after filling form W4. By signing W4, you are authorizing the employer to deduct the applicable Federal taxes. If possible get employment verification letter on the same day you join them. |
Your first salary could be delayed because you have not provided social security number. Getting employment verification letter is the only proof that you are employed. |
| Communication with the employer | Always do it in writing. Verbal things will not stand when there is a dispute. Particularly status reports, timesheets should be send either by certified mail or by fax. If you are sending the documents by fax keep the transmission report also. |
Later if you have any dispute, employer may try to frame the charges against you. |
Links/phone numbers which could be useful when you are employed in USA.
| Agency | Why do you need? | What to do? |
| Social Security Adminstration | To get Social security number. Social security number is required to get Drivers’ license/opening bank account etc. |
You can get social security number in person in any of the office near you. You can find out the nearest social security office near to you by visiting their web site @ http://www.ssa.gov/. |
| Department of Motor Vehicles | To get Driver’s license/Identity card. Photo identification is required in day to day life in US. |
Refer the local telephone directory to get the number of DMV nearest to you. |
| Department of Labor | If you have any dispute with your employer related to wages/benefits like 401k plan. | Visit http://www.dol.gov/ |
| Immigration and Naturalization Services | To get any information related to your immigration status. | Visit http://www.usdoj.gov/ , Customer service phone no.: 1-800-375 5283 |
| National employment Lawyers association | To get list of employment lawyers in US. | Visit http://www.nela.org/ |
| Immigration Law office | To get information about any immigration issues. | Visit http://www.murthy.com/ |
| Internal Revenue Service | If your former employer is refusing to provide W2. | Visit http//www.irs.gov or call 1-800-829 1040 |
| Fraud Reporting Center | If you are the victim of any fraud committed by any company or individual. |
Visit http://www.fraud.org/ |
