From: Anil Dhawan, USA

Subject: Unscrupulous employer

I have come to this country five months back from India on H1B visa. My employer is not paying any salary to me. I am not aware if he has completed any legal formalities as may be required in respect of my stay here. Though I have applied for and received SSN. I am a software professional and am attending my employer's office regularly. My employer is a software consulting company. He has not provided me with any contract for working here with him except an appointment letter given to me in India and the same is signed in the name of a person who never existed.

At the time of hiring me in India he also executed, through his India office (a separately incorporated Indian Company), an agreement with me. I am not sure about the enforceability of the same here. I am afraid to confront him directly as I am totally dependent on him for my stay (he has provided an apartment where I stay along with 5 more persons like me). Having paid him a lot of money for training, costs of immigration and security money for not leaving the job for 2 years, I am left with no resources to have an open confrontation with without fully understanding my legal strengths. I need to understand my rights and the recourses available to me. If you kindly guide me I shall be very grateful.

Please advise on the legal position for transfer of H1 to another employer.

My e-mail address is anildhawan1@yahoo.com. My employer is located in New Jersey and I am currently residing in this state.

Thanks & Best Regards,
Anil Dhawan, USA

The views of this column are the author's own, and do not necessarily represent the views of NRI Online.