Legal Question in Immigration Law in California

Fraudulent Business Practice

I graduated from college May 2005. My Student optional practical training employment authorization expired 7/20/06. On/Around 7/15/06, I accepted an offer by an IT solutions firm to undergo training followed by career placement to its clients on a project basis. I paid a security deposit of $2,500 (which has been deposited by the training arm of the IT company) for the training &/or visa application. No receipt was issued despite repeated requests for one. The company allegedly submitted my visa application on/before 7/20/06. I began training on 7/24/06. I signed a Training Agreement on 7/25/06 under circumstantial duress after repeated assurance by the HR Director. I was informed that I could withdraw from the agreement without a $15,000 penalty only within a week, by 7/31/06. Having spoken with previous trainees since beginning training, I have discovered illegal business practices by the IT company - apparently trainees are compelled to list fraudulent experiences on resumes so as to increase chances of selection by client employers & are entrapped by non-disclosure clauses. I am appalled that I may become complicit in fraudulent practice. Can I have my visa (application) transferred? Can I recover my $2,500 security deposit?


Asked on 7/28/06, 6:31 am

1 Answer from Attorneys
Larry L. Doan Law Office of Larry L. Doan

Re: Fraudulent Business Practice

What visa transferred? If you're talking about the alleged H-1B visa petition this company has submitted for you (of course they haven't submitted one since they're crooks), then no. You can't get a H-1B visa unless you have another job offer. Even with a new job offer, you have to move fast and file the new H-1B petition before the 60-day grace period expires and you become out-of-status. As far as your $2,500 deposit back, you should consult a civil litigation lawyer as there could be grounds to sue this company for its fraudulent practices.

Larry 'Liem' Doan, Esq.

www.GuruImmigration.com

Note: The above response is provided for legal information only and should not be construed as legal advice. We do not offer free advice except for the information provided herein on LawGuru which has been carefully screened. If follow-up advice on your specific situation is desired, we offer a paid consultation in person, or by phone or email. Please visit Attorney Doan's website www.GuruImmigration.com/4.html for details.

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Answered on 7/31/06, 8:12 pm


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