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Clerysys Inc / Taking caution deposits and not returning!

United Kingdom Review updated:
3.15
A company called Clerysys Inc collected caution deposit saying that the money will be returned on below two condition
1) if H1B is not approved or
2) H1B is approved and on arrival to U.

Unfortunately as per their terms my H1B is not approved and Now they are refusing to return the deposit. I am trying to talk to them from four months and every day they will tell some story or they will not lift the phone. Below are the details of the company. Whether some one can advise how can i take this to proper authorities, this is to ensure that no one should loose like me

Clerysys Inc | A Certified Minority Business
Enterprise
O'Hare Corporate Towers, 10600 West Higgins Road Suite 711, Rosemont,
IL
60018
Office: [protected] | Fax: [protected] |
Rg
0

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Sr
  23rd of Dec, 2007
Agree Disagree 0 Votes
Hi,

They are not supposed to take any deposit/fee for applying H1 petition. IT'S THE LAW.

You can send them e-mail stating the same or..

You can complete an online complaint form at www.ic3.gov. The analysts at the IC3 will determine which law enforcement agency should handle your complaint and will refer the complaint information on your behalf.
Mr
  13th of Feb, 2008
Agree Disagree 0 Votes
Hello,

I had applied to the posting on this site:
http://philippines.adflakes.com/index.php/view+classifieds/id/16087/Clerysys+Inc.+IT+Consulting+Recruitment+Day

and I saw that the address you indicate can also be found in their website:

http://clerysys.com/contactus.htm

I am applying as software engineer to US. Right now they seems to rushing me to apply for H1B Visa without much taking into account my technical knowledge. So I search into the internet and found your complaint. This alarms me more. They are even inviting me for an interview at the Mandarin Hotel (Famous Hotel in Philippines) with their big boss from US.

But the difference in what you reported is that the claim of their company is a Business Enterprise while now they are Software IT Company. I'm confused. Please advise.
Ms
  6th of Mar, 2008
Agree Disagree 0 Votes
Hi!

I agree that all expenses pertaining to processing of H1B petition should be shouldered by the sponsoring company.

Hi Rg, did you formally file your complaint?

Clerysys interviewed me just recently and was selected for sponsorship. They said they will pay for H1B processing. They asked me to start preparing the documents needed for filing. Up until now, they didn't require me to pay for 'security deposit' or anything. Note that H1B filing will start a few weeks from now.

So I am not really sure how true your experience was with Clerysys. There were a number of other companies who contacted me and offered H1B sponsorship but I decline as soon as they mention that a security deposit is required. Clerysys is not one of them. I am not here to defend Clerys but I'm just telling you my experience with them. As soon as they tell me that the deposit/fee is needed then I will no longer take this further.

Hi Mr Programmer, I suggest you take a peek into this site: http://www.unitedprofessionals.org/blog/2007/06/20/our-goal-is-clearly-not-to-find-a-qualified-and-interested-us-worker/

Clerysys was mentioned here.

It seems they see H1B workers the reason why they don't get hired. They see us as competitors. And I would think these people will do just anything to discourage an H1B aspirant.

I suggest you dig more.

Thanks!
Po
  6th of Mar, 2008
Agree Disagree 0 Votes
Hi,

Same situation to me Mr and Ms Programmer. The company interviewed me at Madarin Hotel which also it didnt go thru to my Technical skills. And phone interview about the compesation and package the company will handle the H1B and Greencard. When I see this forum it also bothers me.

Mr and Ms Programmer,

Did you start sending the required documents to the company to process the H1B?

Regards.
Mr
  6th of Mar, 2008
Agree Disagree 0 Votes
As of now, what I can assure is that Clerysys is a true company in Chicago. I have friend who verified to me.

I got a job offer immediately. But the main problems are these:

1. They said, "NO PROJECT, NO PAY". It means we will not be paid if they can't find clients for us to do a project. Is it our fault that they may not find their clients so that they will not pay us?

2. Apartment. While no project yet they will let us stay on the company apartment with food. But after having the project now, we will have to leave their apartment. And once again, when the project is finished and you don't have project, then you'll be back on the apartment waiting and hoping they may find a client so that once again you have a project. During this time you will not expect a salary, they will only shoulder your house and food. Everything is on their favor. What will happen to your family who are waiting for you to send them money at your home? Can you live there, staying on the house only, and worse is you don't know when you will earn money?

The worse is that the Indian who interviewed me didn't even tell me about this, i'm very sure he didn't told about this, while he wanted me to accept the offer right away. I learned about this when I dig and dig them. I'm under negotiation but I don't know how to trust them since they hid this very critical info to me.

What i can say is you can take advantage of this offer when you have another goal for going to US, like your family are there.

Its up to you guys if you can endure this situation or somehow negotiate. I laid my cards.
Ms
  7th of Mar, 2008
Agree Disagree 0 Votes
I target to the submit the requirements by next week Pogs.

Uh, yeah it's really all up to you if you want to accept their offer and agree to their terms. It's the best that they can offer. I have some friends that are now in the US and have gone through the same situation... with a different company though. The benefits, compensation and terms are almost similar and even those things that Mr Programmer enumerated. I have another friend who even agree to the security deposit. He is also in the US now and currently on a job hunt.

If you're ready to face these risks, and still want a career in the US.. then you have no other choice left but to continue. To look for another company who has something better to offer is no longer feasible at this point in time.

Btw, when I was interviewed, since they didn't voluntarily conveyed the situation that we will go through upon reaching US, I inquired about these things and they're not reluctant to share things to me. I guess all you need is to ask.

Thanks.
Po
  7th of Mar, 2008
Agree Disagree 0 Votes
Is it true Mr. Programmer from your points in 1 and 2 the same also that have told me, but I have a lot of questions and emailed yesterday but until now no reply.

I want to know more information when comes in negotiating the package and the situtation in Chicago, especially I don't have any experience in travelling.
Mr
  9th of Mar, 2008
Agree Disagree 0 Votes
Hey guys... I ask comments from the experts and lawyers from this forum about US Labor laws.. Here is the thread.. See for yourselves..

http://www.laborlawtalk.com/showthread.php?p=959428&posted=1#post959428

And please download this pdf file for your reference, even for future reference:

http://www.dol.gov/esa/regs/compliance/whd/FactSheet62/whdfs62G.pdf

Decide what's best for yourselves... DOUBLE CHECK THE U.S. LABOR LAW!
Mr
  9th of Mar, 2008
Agree Disagree 0 Votes
Here is what is in: http://www.dol.gov/esa/regs/compliance/whd/FactSheet62/whdfs62G.pdf

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
(January 2008)

Fact Sheet #62G: Must an H-1B worker be paid a guaranteed wage?
This fact sheet provides general information concerning the payment of wages for an H-1B worker under the H-1B program.
The H-1B employer must pay its H-1B worker(s) at least the “required” wage which is the higher of the prevailing wage or the employer’s actual wage (in-house wage) for similarly employed workers.
What is the prevailing wage?
The prevailing wage is the wage rate set for the occupational classification in the geographical area of employment by:
1. A union contract which contains a wage rate applicable to the occupation; or
2. For an occupation not covered by a union contract, the weighted average of wages paid to similarly employed workers (i.e., workers having substantially comparable jobs in the occupational classification) in the geographic area of employment.

Where can I obtain prevailing wage information?
A common prevailing wage source is the State Workforce Agency (formerly the State Employment Security Agency) operating in each state. A listing of state offices can be found at the following web address: .

What is the employer’s actual wage?
The actual wage is the wage rate paid by the employer to all individuals with experience and qualifications similar to the H-1B nonimmigrant’s experience and qualifications for the specific employment in question at the place of employment. The actual wage established by the employer is not an average of the wage rates paid to all workers employed in the occupation. If there are no similarly employed workers, the actual wage is the wage paid to the H-1B worker.

Can the H-1B worker’s wage be either hourly or salaried?
Yes.

Is there a guaranteed minimum number of hours that must be paid?
Yes. The guaranteed minimum number of hours to be paid for all periods to the H-1B worker is the number of hours that the employer reports on the Petition for Nonimmigrant Worker (Form
I-129/I-129W), item 5. The guaranteed pay begins when the worker enters into employment, but in no case later than 30 days after the H-1B worker enters the U.S. to take the job or, where the worker is already in the U.S., 60 days after the H-1B worker is authorized to work for the employer (see WH Fact Sheet #62I).

Must the employer pay the guaranteed minimum hours if no work is provided?
Yes. The employer must pay the guaranteed minimum hours unless the H-1B worker is unavailable for work because of non-work related factors, such as the worker’s own voluntary request for time off, or in other circumstances where the worker is unable to work.

If an H-1B worker is paid less than the required wage rate (the higher of prevailing or actual wage), does the program
provide for any recovery of the required wage?
Yes. The Department of Labor’s Wage and Hour Division enforces the H-1B wage provisions and has the authority, after an opportunity for a hearing, to order the employer to pay the required wage rate.

Are H-1B workers covered by any other Federal wage requirements?
Yes. Other Federal wage statutes apply to H-1B workers in the same manner as any U.S. worker.
Where to Obtain Additional Information

The Department of Labor has a web site dedicated to immigration programs, including the H-1B program.

This site contains links to a press release pertaining to the regulations, and to the Labor Condition Application, Form ETA 9035 and/or ETA 9035E: http://www.dol.gov/esa/whd/immigration/index.htm

All requirements listed above can be found in 20 CFR § 655 Subparts H & I and the Immigration and Nationality Act § 212(n).

For additional information, visit our Wage and Hour Division Website: http://www.wagehour.dol.gov and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487-9243).
This publication is for general information and is not to be considered in the same light as official statements of position contained in the regulations.

U.S. Department of Labor Frances Perkins Building 200 Constitution Avenue, NW Washington, DC 20210
1-866-4-USWAGE
TTY: 1-866-487-9243
Mr
  9th of Mar, 2008
Agree Disagree 0 Votes
Ms Programmer, can you please post the itemized things that they promised to shoulder for the benefit of other applicants? Thank you...
Mr
  9th of Mar, 2008
Agree Disagree 0 Votes
Guys... I talked with their hr and I was informed about the latest news about the job package (surprising me again) that:

WE WILL PAY OUT OWN TICKET FOR AIR FEE GOING TO U.S., BACK TO OWN COUNTRY, AND THE DEPENDENT'S AIR FEE.

They will not pay for our tickets, and for their favor, we don't have a guaranteed payroll for their lack of clients! Hilarious!

Do any guys know about this earlier?
Mr
  9th of Mar, 2008
Agree Disagree 0 Votes
Look here and take note: http://www.dol.gov/esa/regs/compliance/whd/FactSheet62/whdfs62G.pdf

Take note:

Must the employer pay the guaranteed minimum hours if no work is provided?
Yes. The employer must pay the guaranteed minimum hours unless the H-1B worker is unavailable for work because of non-work related factors, such as the worker’s own voluntary request for time off, or in other circumstances where the worker is unable to work.
Mr
  10th of Mar, 2008
Agree Disagree 0 Votes
After researching for US Labor Laws, here are some of the things I learned:

Please visit at: http://wdr.doleta.gov/readroom/FedReg/proprule/99034668.htm

Find word on the page: "[[Page 639]]"

The worker is paid by the hour, week, month or an annual
salary, rather than for the agreed cost of performing a particular job;


Find word on the page: "Sec. 655.715 Definitions."

(8) The worker is paid by the hour, week, month or an annual
salary, rather than for the agreed cost of performing a particular job;
Cu
  17th of Mar, 2008
Agree Disagree 0 Votes
Hi Ms Programmer,

Have you submitted the requirements already? If yes, what did the company say would be next for you? I was also interviewed and offered a contract but have not submitted the requirements. I am still thinking if I should get their offer or not because somehow I feel that the job offer is too good to be true. I just want to know somebody who has been interviewed and offered a contract to may be share some thought about the company.

Thanks,
Curious Guy
Sm
  20th of Mar, 2008
Agree Disagree 0 Votes
Heyy guys..
I m not amazed to see the complaint and comments..because thts how most of the consultants in US are. But believe me Clerysys is not one of them. They will never mess with your interest. They are a fair player. I have lots of friends who are thru them. Never heard any complaint from anyone. If you believe in yourself. If you are confident about your skills and are waiting for some opportunity to work in US this is the right one.
Its very natural to feel the way you are. But the company also takes equal(probably more) risk when they extend an offer to you, Without any assurance from you that you will travel to US after your H1B is approved. And what will they gain if they get you here and you do not get project?
All my friends are on projects.
So
  21st of Mar, 2008
Agree Disagree 0 Votes
I’ve been in this organization for 3 years and I am on the verge of getting my green card now. I would like to assure you that I’ve had a very comfortable 3 years with CLERYSYS throughout.I thought I should share my 2 cents here. The good thing about Clerysys is they only promise what they can deliver and are very professional in their approach.
I was in the same situation like you guys, 3 years back and approached lot of Consulting Companies before deciding to go with Clerysys.The reason I chose them over others was they were not afraid to tell me the truth even if was bitter & were very transparent in their dealings.Some of my friends joined other organizations which made tall promises and did not live up to them finally joined Clerysys after 6 to 8 months.Clerysys also never charges any security deposit for H1B and I am pretty sure they would not have asked any of you guys for the same .To join or not join is purely one’s own decision. As an Immigrant you are always going to take some risks. The road ahead will not be easy but if you are hard working and technically competent there will be no dearth of opportunities in US.
Be
  24th of Mar, 2008
Agree Disagree 0 Votes
I disagree, I received a call from raj asking me to pay 3500 USD for security deposit, How would you explain this then? As long as DESI would not ask for money then it's fine.
Jr
  24th of Mar, 2008
Agree Disagree 0 Votes
Yes, I agree same thing with me, they are asking for a security deposit. If you are not asked then good for you! I guess they using selection on who will pay or who will not.
Mr
  24th of Mar, 2008
Agree Disagree 0 Votes
Bernie and Jr, what country are you?
Co
  30th of Mar, 2008
Agree Disagree 0 Votes
All,

I was too offered by Clerysys but until now I am not able to provide my documents. The deadline is tomorrow latest and this is not easy task since I am still working here in the Philippines and printing, scanning of documents is really tedious as it needs a lot of time and effort to take care of those. To software engineer, could you please help me to understand further what will be my job with Clerysys? Though I know few consultants on how they will perform and what they are getting from the company but I need to understand further and be clarified since this is my first time to really go in US and have a job. Please help me before going through all of this process.

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