Misuse of b1 visa by my company
Nik
(Querist) 06 June 2012
This query is : Resolved
Hi There,
I am an Indian citizen, was employed with a US based MNC as a IT manager in one of their Indian facility (India Pvt. Ltd.). Last year I escalated my concerns about misuse of US B1 VISA by my organization to senior executives but I ended up being plotted in a false petty allegation and was terminated. I have filed a Suit for Declaration with Indian judiciary about my termination. I also intend to file another case that this company is un-ethically using B1 Visa's instead of H1B VISA's.
My organization sends employees on B1 visas to U.S. for specific full-time job at their US office. All these associates travelling on B1 do coding and other full time technical job during their US stay. Earlier they used to pay these employees 38$ + Airfare, stay, cab and phone expense. Now they have increased it to 100$ + Airfare, employee has to take care of their stay and other things by their own.
They hardly send anyone on H1 or L1 (May be 1 in 100) instead people used to travel on B1 and even now if they are not getting as many new B1 VISA they send same people repeatedly who already have valid B1 VISA.
Key documents/emails which I can share are;
1. Email chains with US managers on travel planning for the team members and why we need them in US.
2. Emails on assigning/tracking work assignments of associates during their US travel and stay.
3. Travel Authorization forms Signed by Managers, Directors and CIO. (Travel Auth are Internal documents and some of them has actual reason of travel)
4. Visa Invitation Letters prepared by US Managers. (Some of them clearly contradict the Travel Auth Letters)
5. Communication mails from admin/HR guys on what to say and what not to say during B1-Visa interview.
6. Also have a email where one of the IT Director and US Manager were discussing the content of the "Travel Auth Doc", US Manager has entered that the associate travelling to US will be working but our Director wanted to change it to training.
Can anyone guide or help me with this case. What are the formalities required and if I can file a case like this with Indian Law
Thanks,
Nik
(Querist) 08 June 2012
I am looking for experts to throw some light on this query???
K.K.Ganguly
(Expert) 09 June 2012
One of my client at Kolkata also faced similar problem. He had objected to such misuse of Visa rule for which he was dismissed. I am now going to file a Money Suit claiming damages from the Company next week.
