How to file legal case on cheating employer

Hi I have a valid H1-B with my Old employer until Sep 2014, but in January I transferred H1 to a new employer and that employer told that my H1 transfer was approved and made me to travel to Client location, but it was never approved and still in pending state and got 2 RFE’s on it and now my old employer withdrawn the old petition and now this new employer is dragging this case and when i asked her about the my case number she gave me the wroing one and when i checked on USCIS, it was approved then i requested her multiple times to send me the approval notice, then she disclosed all the information about RFE etc.

Can i file case on her by cheating me and making my life miserable and making my status in US as doubtful Please suggest me how to confront her and she is operating in 2 names and she contacted me with one company name and filed petition and running the paychecks with other company and i came to know her real name from the caller id from her phone number she use to call. Please provide me any suggestions or ideas to teach these idiots a lesson.


Do you have counter signed employment letter from your employer apart from the pay checks you recieved? Also do you have any insurance covering your attorney cost?

If both answers are yes, please get in touch with an attorney and send them a notice( to the employer from whom you got your pay checks and the employer of from whom you got your counter signed employment document, if they are 2 different names). They being the employer will be in a worst condition than you if you are working intentionally/unintentionally on no status!

Although you can discuss the case w/ an attorney, let me give you some good news here. You are not out of status or in illegal status.

The company did file H-1 petition for you, and it is legal to work for the new employer while the petition is pending. So as long as you joined the new employer after the petition was received by USCIS, and are getting paid regularly, you should be good on the status front.

Still, it is really bad that such unscrupulous companies exist. It’s best to discuss the case w/ an attorney and discuss further course of action. You should also evaluate the option to move to another employer.

Thanks dat15dec and Saurabh, I will definitely get in touch with attorney, but what kind of attorney do i need to contact, is it labor attorney or any attorney.

And also i don’t have the counter signed employment letter, can you tell me what does it mean. I have no idea what is that, sorry for my ignorance. Thanks.

The employer can easily claim that it was an innocent mistake on their part as they mixed up the receipt numbers. I would start w/ immigration lawyer and see if he will direct to labor attorney or not.

When the agreement letter has been signed by both parties, then it is counter signed employment letter.

Did you pay anything for this H-1?