Somone on H!B visa?

Question

and his employer slaved him..what can he does.??

Answer 1

well, he can always file a complaint with the Department of Labor and USCIS.

Answer 2

That is the whole purpose of this visa program.

Answer 3

As a contractor, tell him to insist on W-2 (hourly) rates where he can bill for the overtime he works. That way if they work him 60 hours per week he can bill the company for 60 hours per week. Tell him to avoid things like corp-to-corp and statement-of-work contracts, because they are simply loophole contracts that allow companies to work you 60+ hours per week and only pay you 40. Also tell him to make sure he negotiates a proper hourly rate, if he is skilled enough to have an H-1B visa then there is no reason whatsoever that he should be seeing anything less than $40/hour. If he is, then he did not negotiate his salary properly.

As an employee, he just needs to make sure he negotiates a competitive salary for his position (ie. the same salary that an American would make in his shoes).

I am not saying that employers are not guilty of exploitation in the H-1B program. But the employees that are stupid enough to accept those positions in the first place are just as guilty. Many Indian guys, for example, accept employment for disgustingly low rates competitive to the market rate for a specific job, simply to get into the country. They don't consider the fact that they will be stomped on and exploited for the next 6 years. If you make that bed for yourself, then don't complain when you have to sleep in it. Think of the American guy that is out of a job because of the fact that you are working for peanuts.

In a nutshell, tell him to go back to his own country and come back to America once he has some real skills/experience and a proper job lined up. If it sounds like its too good to be true, it probably is. Welcome to America :)