Not All H1B Visa Sponsoring Employers are Bad

Not all H1B employers are bad Not all DESI employers (a US based company run by a person of Indian/Asian origin is known as a DESI employer! ) in USA are determined to treat their H1B visa employee in a worst possible manner. Unfortunately, a DESI consulting company passes through horrible experiences with their few employees which force them to change their attitude toward the new and existing H1B employees.
What are those major experiences?
H1B visa employee spoiled the reputation of the visa sponsoring company and joined another local employer.
H1B visa employee became a burden on a job visa sponsoring company.
H1B visa employee ditched his/her visa sponsoring company after joining the company.
H1B visa employee filed the multiple applications of H1B visas for better opportunity at negotiation.

H1B visa employee spoiled the reputation of the visa sponsoring company and joined another local employer.

Visa Employer ReputationFor example, Mansoor (also known as Many) Siddiquie is technically sharp and has excellent communication skills. MD5 Systems was really proud to have such a techie person like Many. And next thing MD5 Systems finds out was that Many had intentionally spoiled the reputation of MD5 Systems at the client side to make a room of other greedy competitor companies like Dhokha Concepts. And now, Mansoor left the MD5 Systems and joined the Dhokha Concepts. MD5 Systems lost all the business with the client in 5-6 months, so Mansoor not only spoiled the reputation of MD5 Systems at the client side but also eliminated any business opportunities for MD5 Systems with this client in future. Such a behavior of the consultant really hurts the company like MD5 Systems at the deepest possible level, and probably that’s the reason that the company asks to sign the really strict agreement like this one.

H1B visa employee became a burden on a job visa-sponsoring company

Lack of technical skills

MD5 Systems finds out that the recently hired employee ( Venugopal also known as Venu) on H1B visa does not have the right technical skills, his communication skills are really weak, and he also confessed to the MD5 Systems that his resume is all fake. MD5 Systems already invested the money in the Venu by processing the H1B visa and bringing him in the USA, so it is not advisable for MD5 Systems to even lay-off Venu. Now, Venu remained on bench for many number of months, and MD5 Systems trained Venu and made him marketable. After tolerating and training Venu for 3 to 4 months during a bench period, finally MD5 Systems placed the Venu on a good IT project. And after one month working on the project, Venu ditched the MD5 Systems and accepted an employment with other greedy employer like Dhokha Concepts.

H1B visa employee ditched his/her visa sponsoring company after joining the H1b visa sponsoring company.

H1B visa employee leaving the companyFirst of all, H1B visa sponsors (the US based employers) are the one who take the biggest upfront risk of investing in a person by processing the H1B visa or H1B visa transfer. This process involves the cost of H1B visa filing fee of $2000 plus and the immigration lawyer fee and a good amount of trust on an H1B candidate that he would not run away. And let us assume that as a good employer, the company (MD5 Systems) paid the salary during the bench period. After 2 months of bench period, the new hire, Vivek, got frustrated and left the MD5 Systems by finding a new employer. MD5 Systems bares the loss of $7000 plus as Vivek did not produce any money for the company.

H1B visa employee filed the multiple applications of H1B visas for better opportunity at negotiation.

Salary Negotiation

Nishit was hunting for good overseas opportunities, so he got an offer from MD5 Systems for $55K annually, and Nishit happily accepted this offer. Md5 Systems filed the H1B visa paperwork for Nishit. However, Nishit kept looking for even better opportunities in the USA and he came across the another IT company viz., Dhokha Concepts. Dhokha Concepts offered him $60K. Dhokha Concepts had an impressive website hence Nishit thought that it is much better company than MD5 Systems. Nishit also accepted the offer from Dhokha Concepts, meanwhile Dhokha Concepts also filed an H1B visa for Nishit. After few months, Nishit called back to MD5 Systems and demanded that MD5 System must beat the offer of Dhokha Concepts otherwise; he would go with Dhokha Concepts. Once MD5 Systems matched the offer of $60K, Nishit asked Dhokha Concepts that $60K salary offered is common. Dhokha Concepts offered more money to Nishit! Such dirty negotiation techniques is perceived by a H1B visa sponsoring employer as a worst nightmare and probably that’s the reason that few companies would even request that passport should be deposited to their India-based office when the H1B visa petition is in progress OR the prospective H1B visa employee must borne all the cost related to visa and the employee will be reimbursed back when s/he joins the company in USA full time.

Summary

In none of the above, an employee became a cash cow for the MD5 Systems in fact they became a liability for MD5 systems (the H1B visa sponsor or employer). After frequent encounter of H1B visa candidates with fake resume, poor communication or technical skills, MD5 Systems decided not to trust any incoming H1B visa employee and hence the trend is set. And the trend is tit for tat (the equal retaliation) in form of lucrative traps. Also, think twice..

  • Why MD5 systems should pay Venu a full salary during bench when Venu himself admitted to MD5 Systems that his resume was fake?
  • Why a new hire should be paid the full months of salary and benefits when employer is not even sure how long this new hire would last?

For a visa sponsoring company, the risk is bigger as they cannot Google on and probably find out everything about the potential employee.Now H1B folks would know that why the DESI employer need to act smarter by asking the potential H1B candidate to pay the legal cost occurred in processing his/her H1B visa and in extreme case of depositing passport during employment. Usually, in these cases, the DESI employer will reimburse back the expense when the employee really joins the company. Unfortunately, the greed of employer never ends. If H1B employee can live with minimal benefits, the H1B employer wants to continue it forever and hence this silent trend does not have any end date. The bigger DESI employer ( employer exclusively in business of hiring H1B folks from Asia) would also ask employee to sign a very restrictive employment agreement , and may have the lawyer on call to threat the employee as needed. In fact this is the market of demand and supply or may be made for each other to blame each other!!

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