Triplebyte also seems mistaken about how the H1B transfer works:
"If you're working on a H-1B at one of these outsourcing companies, apply to Triplebyte and we'll cover all the costs of transferring your H-1B."
Or are just that many employees being ripped off?
Can you help clarify this? The three stages I'm aware of to obtain permanent residence in the United States are:
1) PERM (Department of Labour certification)
2) I-140
3) I-485
The PERM is (always?) undertaken and paid for by the employer. The I-140 is also sponsored by the employer, so should be paid by the employer. But the I-485 (the actual green card application) does not have to be paid by the employer. If you submit I-485 forms for your family members, those also do not need to be paid by the employer.
This is separate from attorney fees (if any) to obtain the I-485 for you or your family.
Disclaimer: IANAL, but I basically went through this process (minus the PERM).
Also companies have to advertise your salary publicly (at least around the office) for H1B.
What, really? Sorry I don't really know anything about H1B but when you say advertise does this mean it needs to be on like a bulletin board or something? Or does this mean it simply needs to be available for anyone who asks? Also, why does it need to be public?
As people below mentioned, it is anonymized and typically shows the salary range and the job classification.
If you as an employee take action for not being paid while on H1B status, you are more or less OK. This step includes filing for a DOL complaint and adding copy of that complaint as the H1B transfer.
- For example, if you go work for outsourcing company that pays only when there is work to be done (this is illegal by the way) then as soon as you try to transfer visa, you will be kicked out of US and company will be in trouble. The reason for this is that when you transfer visa they require you to provide pay stubs for at least trailing 3 months. If these pay stubs don't add up to what you were suppose to get paid, you and the company will be in trouble.
- Early stage StartUps will generally pass costs and co-ordination of getting green card on you.
- More problems will come when you try to apply for green card. Transparency in salary is not something startups like so management will be reluctant to advertise your salary publicly which is mandatory during the process (postings around the office, outside the building, newspapers, company website, etc).