I would like to clarify on the complaint which was posted on 11/11/2008.
As a HR coordinator I was handling this particular case. The person who has posted this complaint was working for a multinational Indian company and had completed her assignment with an Insurance client in Chicago. She was asked by her employer to move to another client location which was per the employment contract and within the H1B legal norms. She was not willing to relocate, so she approached Clerysys for transfer of her H1B, so that she could stay with her spouse. She was within driving distance from our company, since we are located in the suburbs of Chicago, so we asked her to come down to our office. It is not unusual for a company to have a face-to-face interview with any individual before hiring him/her.. So I do not understand her problem when she said that she "obliged" when she was asked to come to the office.
After we agreed to file her H1B and informed our attorney about the same, she suddenly changed her mind and asked us not to file her case since she was trying to work it out with her employer. She also reiterated that she would "not" relocate out of Chicago under any circumstances which made us rethink about our decision. Because of this constant flip-flop from her end we finally decided not to proceed with her case. To add to this fact I would also like to bring to your notice that the candidate had decided to resign from her present company "come what may", as they were not accomodating her request of being positioned at Chicago.
We would also like to educate all of you that H1B status can always be retrieved from any dependent status without having to go through the H1B lottery process. If anyone of you have a H1B status and you decide to move to either F2 or H4 status, you can always get back your H1B status as you are not subjected to H1B cap (provided that you have not completed the 6 years timeframe).
A lot of leading IT companies, like the BIG 4, shortlist candidates with the assumption that they would land up with a project and keep the consultant hanging for months together without a decision, in anticipation of the kick-off of the project. It has to be understood that in an interview both the parties have the right to decline an offer or a candidature; and our reason for not being able to go ahead with the H1B transfer process is totally justified.
