Posted by: Khairey December 24, 2010
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I think you cannot complain on their quality of training. Further they are asking for the time and money they spent you for the training and lodging. Yes you can assume and seems like mostly true that they are faking resumes and do lots of stuffs what seems to be illegal or not right. But when it comes to legal prosecution they barely have any stuff that proves that they did anything are against the law.
But you have several other strong points. One big is your CPT. CPT is something that is done when required by your curriculum and done only when authorized by your university or professor. It is not something a third party can enforce. They cannot act as a staffing agency for a person on CPT who does not have work authorization. Again, CPT is not actually a work authorization, it is a part of your curriculum. So it is clear that you cannot do anything with them while you are on CPT or on OPT. In the contract, asking or promising for you to make some placement after training seems to be invalid. If you have to follow their contract then it violates the federal immigration law. In other words that contract enforces you to do some illegal activity.
Further, the intern you are doing now is part of your curricullum and doing so you have not breached their contract, even if it is legally valid. All those training and lodging were part of your salary/benefits as an intern which you don't have to return. Also, taking it other way round, you must had the training with them on your CPT. That means an internship. I think, an employment contract to intern is not valid. You were just an intern and were not offered permanent position, in fact they could not. Such kind of employment contract to an intern without any offer of employment is just not valid and does not make any sense.
If the consultancy fears that they may be investigated in detail by USCIS if they follow to prosecute you then it is very less likely that they will file any case against you. If they did then it would be just on the ground of that contract which on further investigation will prove illegal and invalid.
Please note that this is just my understanding and not a suggestion or legal advice.
But you have several other strong points. One big is your CPT. CPT is something that is done when required by your curriculum and done only when authorized by your university or professor. It is not something a third party can enforce. They cannot act as a staffing agency for a person on CPT who does not have work authorization. Again, CPT is not actually a work authorization, it is a part of your curriculum. So it is clear that you cannot do anything with them while you are on CPT or on OPT. In the contract, asking or promising for you to make some placement after training seems to be invalid. If you have to follow their contract then it violates the federal immigration law. In other words that contract enforces you to do some illegal activity.
Further, the intern you are doing now is part of your curricullum and doing so you have not breached their contract, even if it is legally valid. All those training and lodging were part of your salary/benefits as an intern which you don't have to return. Also, taking it other way round, you must had the training with them on your CPT. That means an internship. I think, an employment contract to intern is not valid. You were just an intern and were not offered permanent position, in fact they could not. Such kind of employment contract to an intern without any offer of employment is just not valid and does not make any sense.
If the consultancy fears that they may be investigated in detail by USCIS if they follow to prosecute you then it is very less likely that they will file any case against you. If they did then it would be just on the ground of that contract which on further investigation will prove illegal and invalid.
Please note that this is just my understanding and not a suggestion or legal advice.