tunnel rat posted on February 26, 2011 12:50

Hey, Insurgents, spread this far and wide. This should be a lesson to any gora that thinks that they can work in the slumdog slave trade:

Large-Scale Visa Fraud Alleged at Infosys

HAYNEVILLE, Ala. (CN) - Infosys, which employs more than 15,000 foreign workers in the United States, systematically commits visa fraud and tax fraud to increase profits, and threatened and retaliated against a "principal consultant" who called them on it, the man claims in Lowndes County Court. On its Web page, Infosys describes itself as specializing in business consulting and strategic IT services outsourcing, with 2010 revenue of $5.7 billion, and 127,779 employees.
     In his complaint, Jack Palmer says he worked for Infosys "as a Principal - Enterprise Solutions" since August 2008.
     Many of Infosys' 15,000 foreign nationals who work in the United States do so on H-1B visas, Palmer says: "Infosys is an H-1B dependent corporation and is one of the biggest 'users' of the H-1B program."
     After the federal government restricted the H-1B program, in 2009, Palmer says, he was sent to Bangalore, India, for "planning meetings."
     "During one of the meetings, Infosys management, discussed the need to, and ways to, 'creatively' get around the H-1B limitations and process and to work the system in order to increase profits and the value of Infosys' stock. The decision was made by management to start using the B-1 visa program to get around the H-1B restrictions.
     "Under the law, the B-1 visa category applies to temporary business visitors who come to the United States to conduct activities of a commercial or professional nature, such as consulting with business associates, negotiating a contract, or attending business conferences. Individuals on B-1 visas are prohibited by law from working in full time jobs in the United States.
     "During the course of his employment, plaintiff learned the Infosys was sending lower level and unskilled foreigners to the United States to work in full-time positions at Infosys' customer sites in direct violation of immigration laws. Plaintiff also learned that Infosys was paying these employees in India for full-time work in the United States without withholding federal or state income taxes. Plaintiff also learned that Infosys overbilled its customers for the labor costs of these employees.
     "In order for a foreign Infosys employee to obtain a B-1 visa, an American employee of Infosys had to write a 'welcome letter,' basically stating that the employee was coming to the United States for meetings rather than to work at a job."
     Palmer says that Infosys managers in the United States and India asked him to write false welcome letters, and he refused. On July 1, 2010, he says, he "was asked to join a conference call in regards to his refusal to write the 'welcome letters,' during which call plaintiff was chastised for not being a 'team player.'"
     Then he was transferred to another project in a different division, Palmer says. There, he says, he "soon learned that Infosys was illegally employing B-1 visa holders on that project as well." Infosys asked him to rewrite the contract for that project, and he refused, "because he knew that the purpose was to try to cover up Infosys' overcharging this customer by using the lower-income B-1 employees and charging the higher pay rate for specialized employees," according to the complaint.
     Palmer says he called Infosys corporate counsel, Jeff Friedel, and explained the violations to him. Friedel is not named as a party to this lawsuit.
     In September 2010, Palmer says, an Infosys manager from India "confirmed the violations, but stressed to the plaintiff that it was important to 'keep this quiet.'"
     Palmer says he got "further pressure, harassment and retaliation for refusing to be a part of the illegal conduct."
     At Friedel's urging, he says, he filed a report with Infosys' "Whistleblower Team," on Oct. 11, 2010. But the whistleblower team "failed and refused to promptly investigate plaintiff's report and still refuses to thoroughly and fairly investigate and correct the illegal conduct," Palmer says.
     Since filing his report, he says, he has been "subjected to constant harassment, threats, and retaliation" including "numerous threatening phone calls;" monitoring of his emails; "racial taunts or slurs, including being called 'a stupid America' and criticized for being a Christian;" refusal to pay his bonuses; refusal to "reimburse him for customary and substantial expenses;" and being forced to work more than 70 hours a week "without appropriate compensation."
     Palmer says he reported to Friedel that Infosys was breaking other laws, including "failure to pay federal and state income taxes; falsification of I-9 forms; and the fraudulent and illegal documentation of aliens." And he claims that Friedel "admitted by electronic mail and via phone calls that Infosys was and is guilty of visa fraud."
     Palmer says he repeatedly reports the "threats and retaliations" to Infosys human relations department and to corporate counsel, and they refused to do anything about it.
     He seeks punitive damages for breach of contract, expenses, intentional infliction of emotional distress, outrage, negligence and wanton misconduct, and legal misrepresentation and fraud. He is represented by Kenneth Mendelsohn of Montgomery. 


Comments (22) -


United States Jimmy Legaro
February 26. 2011 13:31
Jimmy Legaro

Screw Infosys. Here in Mysore the founder and Chairman of Infosys (N. R. Narayana Murthy) is a hero. Lauded for being a "Regular Guy". HaHaHa! What a scam! The local paper, the Mysore Star, often has photos of him riding the bus and being the humble local hero. What a load of shit. Even though I'm here now for a while I hate these smug bastards.
You have to see the Infosys campus. I drove by there the other day and holy shit! It's 1500 acres of resplendent greenery with fantastic buildings everywhere. Really the nicest corporate campus I've ever seen bar none. In Bangalore the IT portion of the city looks amazing with every big American company having a massive building. Thousands of workers swarming around outside but Infosys has them all beat. And it's all based on Indian style scamming. When the dollar crashes we will see American programmers being re-hired (strange paradox in a currency crash) and companies like Infosys will bite the dust. And when they crash they will be screaming bloody murder the whole way down.
Bring it on and good riddance.


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United States Arrow
February 26. 2011 15:27
Arrow

Let alone the NASSCOM scamsters, Even IBM India does the same visa scam.. I've seen loads of B-1 Visa holders here doing programming work that the B1-visa technically does not allow them to do.It seems like anything corporate India touches gets tainted - Greed is the new mantra. The founder of INFOSYS is  seriously overrated, and there have been many complaints against him (even in his home state in India) that he deliberately refuses to hire workers from the local population. While many of his fresher employees have to make do with living in  slumlike surroundings , he lives in a walled off secured townhome complex guarded by gun toting security, and ferried in a chaffeur driven , guard escorted vehicle..So much for the 'shining' India


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United States Cd
February 26. 2011 17:26
Cd

This is good news, one techie standing up for his rights against the RACISTS invaders.  


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United Kingdom british it pro
February 26. 2011 19:25
british it pro

we have the same stuff in the UK

cognizant, wipro, tata, infosys breaking every rule in the book but lobbying the politicians at every level to cover their tracks

i have personally seen them break immigation, employment, data protection, copyright laws

they are the most racist bullying employers i have ever seen with so much caste on caste racism its unbelievable

but as yet the journalists and politicians are not paying any attention, but this cannot last

worst part in the UK is that so many of them bring their families and squeeze into free places in the schools and hospitals here

and far too many are given indefinite leave to remain or british citizenship simply for being here a few years



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United States Rodney
February 26. 2011 20:34
Rodney

Good job bringing this to our attention Tunnel Rat!

Do we know where the indiots worked?  Who hired them?  (Publish their names.)  What were they doing?  Did they displace American workers?



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United States James
February 26. 2011 20:40
James

I hope the IRS and DOJ nail these guys. This kind of Indian Mafia criminal fraud is rampant in IT and is the reason why so many Americans are out of work.

So much for the theory that slumdogs pay taxes and help the U.S. economy. Now we know why all our govts are going broke: taxpaying Americans have been replaced by criminal Indiots who dont pay taxes. The only solution to the U.S. economic problem is to BAN these greedy 3rd world bastards from doing biz in the U.S.

Hooray for Parker - thank God some Americans still have the balls to expose these frauds.


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United States Mandy
February 27. 2011 06:42
Mandy

Rat,

Please do what you can to contact this plaintiff and attorney to let him know there are hundreds of us who are ready to show up and support him in any way necessary.

I had lunch with an awesome DBA colleague of mine who lost his great job at a major corporation due to outsourcing by one of these Indian companies. He finally got a contract to work for a different Indian corporation at the site of another major U.S. corporation.  

What is his job? To teach fresher B-1 Indians how to log in and navigate in the latest version of a popular database. As soon as they can navigate, they are sent as "experts" to other divisions and to other corporations across the U.S.  All the while they are billing the corporation for his rate as well as the rate of the freshers, who the corporations believe are as experienced as he is.

  My friend knew something was wrong with the picture, but he never put it together.  He thought he was going to get a secure position for his efforts.  He had no idea how widespread the situation was, he didn't know what "H-1b" was. and that there is an insurgency underway.  He's pissed now!  

I told him they will not ever make him permanent with benefits with the Indian company, nor at the U.S. corporation he is stationed at, and he is not even working on the systems there. He is just training freshers.  He's gaining nothing from them but a lousy hourly rate, with the false promise that he maybe permanent at that corporation soon.

I told him that when they have critical mass of trained people by him, he is history.

Rat, this lawsuit needs to be the domino that topples this massive scam.  I really believe that the multiplier effect of these Indian companies is the source of the jobless recovery in the U.S. The way I think of it, every Indian scab I see represents another house in foreclosure.


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United States Mandy
February 27. 2011 06:53
Mandy

Someone also needs to write a letter to Orin Hatch to distance himself from this issue.  I suspect he has been approached with a bagful of cash by one of these grease-ball Indian companies to make the insane statement last week about raising the H-1B cap.

I will definitely be writing him a letter that his actions are being watched and he is now being suspected of being "on the take" from them.

What a bazaar position for him to take in a time of unprecedented high unemployment. He needs to explain his motivation.


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United States Heartlander
February 27. 2011 08:38
Heartlander

The entire guestworker/offshore operation has always been fraud, through and through, from the beginning. The fake resumes, the workers without the skill sets they claimed to have, the winking at visa lawbreaking, all of it from one end to the other.


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United States Heartlander
February 27. 2011 08:59
Heartlander



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United States Arrow
February 27. 2011 14:30
Arrow

It must also heartening to know that many companies in the NASSCOM cartel are unpopular with the local average citizenry in India for excluding local workers in offices , excess urban congestion, violation of pollution and construction bye laws, hiring of cab drivers with criminal backgrounds, support for corrupt politicians in order to grab agricultural and suburban land at throwaway prices, TAX and corporate fraud, defrauding investors,  causing excessive real estate price speculation, hyper consmuerism,increased levels of  street crime and a host of other  socio-economic ills. Most workers in these companies are  not trained properly for the job , and are forced to compete with world class programmers. And many of the have no clue about technical skills.. let alone social skills ,etiquette etc. They hire people from rural backgrounds in order to pay them 25% of the average Indian market wage and trap them in indentured service agreeents with loads of false promises- especially the top 5 Indian Software companies.


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United States Heartlander
February 27. 2011 16:34
Heartlander

These employment contract terms for an H-1B from India just got posted over on immigration voice. She had to sign to get the job here.
________________________________________________________________________

I was in H1 in USA from 2007 to 2009. In 2009 I went back to .
I came to USA through a new employer A in 2010 again who asked me to sign a employment agreement. I work in NJ now through the same employer in layers and just because he brought me from India I had to accept a very less salary. Dollars lesser than what I got during my previous stay between 2007 to 2009. I got a offer now and the pay and benefits matches my experience. the new prospective employer is willing to file transfer and everything is set. Before going ahead I want expert advise on ways to tackle this breach of employment contract. The contract has the following words

"But i see that I am asked to pay 15 grand in liquidated damages for logistics costs (I paid for all logistics), expense incurred in training and retraining (I never underwent any training), and other administrative costs in case i terminate this contract before 3000 billable hours (1.5 years). I have completed 500 hours so far under this sponsor and want to go out."

"The employee acknowledges that if he or she violates such agreement he or she will cause irreparable injury to the business and goodwill of the company, an injury that is not adequately compensable by monetary damages alone. Accordingly in the event of a breach (or threatened or attempted to breach) of this agreement, the company shall, in addition to any other rights or remedies, be entitled to immediate, appropriate injunctive relief, or a decree of specific performance of this agreement, without the necessity of showing any irreparable injury or special damages. "



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United States Dragon
February 27. 2011 17:27
Dragon

This is a normal thing is happened at many companies. At my company most of indian programmers are B-1 visa. It has been going like this for long time and I am ain't that surprise at all !!! at least there is hero guy out there willing to take a fight about this issue man. We all must unite and some how the government needs to setup site to report these type of cheating so there will be investigation going on. Otherwise, I hate to show up at court to go over all the procedure and it could harm my time.


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United States Dragon
February 27. 2011 17:36
Dragon

The worst thing I am afraid the most is the cunning collaborator like Don Tennant posting propaganda news to support those cheaters. Catching those bad cheaters out there is not that hard but the government is not willing to do so. At so many levels of businesses even government work are used H-1B and B-1 visas. Our system is simply corrupted and it is not easy to fix right away. The best way to fix is shut down H-1B visa immediately or solving by enforcing minimum the salary to all the visa workers. Without solving the issues, I am very sure there will be major protest like Egypt, Tunisia and Libya. Start out Wisconsin first and all States will be followed... If there is protest in my city I will be the one shows up to support. If we are not doing anything the future of our children will be doom. USA will be taken over by the greed elites... Just 5 Cents opinion ..


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Canada ezygoer
February 28. 2011 23:34
ezygoer

This may only be "globalization" or the "world is flat" models that IBM, Infosys etc employ to grab cash from the countries they are allowed to operate in - forget the labor arbitrage that destroys workers lives as long as money is being made and taxes subverted.

The slogans are amusing:
Building a better planet
Helping businesses do more with less
and so on !!


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United States mn
March 2. 2011 12:50
mn

The media need to talk about this....This is the only way this kind of fraud to stop!!


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United States mn
March 2. 2011 12:53
mn

i personally saw more than a dozen of indian right out of college who never worked a day in their lives; had their resume fabricated and interview given by a senior at Apex Technology right here in NJ.

This has to stop!! and i have full proof.


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March 3. 2011 18:28
TaxiDriver

Mandy: Orin Hatch, one of the AUTHORS of the D.R.E.A.M. act (Decimate Remuneration for Every AMerican), and loud and solid advocate for H-1B increases, has been a shill from day one.  Writing a letter advising him to distance himself from tech guest-workers would be like writing a letter advising Henry Ford to distance himself from making cars.

Dragon: As long as the jobs being targetted are in a narrow highly-paid minority field, nobody will protest.  The public sees us as overpaid whiners who couldn't compete.  Sad, but true.  "When they came to get the Jews, I said nothing.  I was no Jew."

Mn (1):  Although I seem to be alone in this notion, I will say again:  The people don't care!  They never did, and never will.  No amount of media exposure will matter, because we are complaining about losing white collar jobs.  Outwardly, they might briefly say "oh, that's wrong," but inwardly, they think "Serves them right, maybe now they can see what it's like to be us" the blue collar majority will say.  

I am also alone in the belief that the very presence of field-targetted guest workers violates the individual rights of those with whom they directly compete.  For matters of individual rights, the way to pursue the violation is through the Judicial branch (i.e. the courts) exclusively.  Then, if the courts say that "American Jobs DO NOT belong to Americans," then we can publish the hell out of that decision.  Only then would the people wake up.

Mn (2):  I for one would love to see any proof you have about Apex Technology Group in particular, and, I suspect, so would Tunnel Rat.  Is there any way you could let us see what you've got?

TD


http://www.helotry.org/http://www.helotry.org/


United States Dragon
March 4. 2011 11:59
Dragon

@TaxiDriver, where have you been bro ?? Outsouring and Guess Worker program is not only effected only IT field, other fields are effecting as well such Accounting, Teacher, manufacturing workers and Medical fields. It is devastating other fields than IT fields as well I have an accounting friend he could not find a job for 3 years he told me it is worst to be in accounting field because companies shipping all the crunching number jobs oversea. Dude ! even teacher jobs are gone too, they imported a bunch of H-1B teachers from Philippine, Turkey and Mexico.. I went to my doctor office the other day while waiting for the doctor I met a decent lady, she told that she used to work for the Bank close by she told she is not even a technical person her job is still got outsourced. Dude ! this is how the banking businesses are doing right now they bring in people from oversea to get training to take care the account and boom next they outsource the jobs oversea. Dude ! what can we do now a day, they bring in H-1B, B-1 visa to take over us what do we have left probably nothing left.

Surely there will be revolution just those in Middle East for sure. Right now the government is able to pass out unemployment cash to the unemployed person as soon nothing left there will be a major problem. Don't believe the news anymore, today they said the unemployment went down to 8.9% and hiring went up 192,000 those gain is not even made up the job lost at the same time. Would you believe in the traitor Don Tennant, this sucker got hired by the NASSCOM or Corporate going around spread the rabbit news, it is really hurting us.

Wake up all ... Don't be naive ..


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United States George
March 4. 2011 15:52
George

I'm here on an H1B visa and hope body shops such as Infosys, Wipro, TCS, CTS, Patni etc get properly and totally sued for severely abusing these speciality visas. It would be even better if they are severely restricted and monitored and fined heavily. More power to Jack Palmer and anyone who reports fraud. It just gives the rest of us a real bad name (as can be seen above).

I would advice you to get all the evidence you can and file a lawsuit like Jack Palmer did. The mistake many of you guys make is that you don't have the solid evidence that can stand in a court of law.

Cheers!


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United States H1b machine
March 6. 2011 12:51
H1b machine

Infosys will win.  we just bribe US politician to write law to give us the advantage.


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United States Dave Chapman
March 8. 2011 14:19
Dave Chapman

Hoo Boy!  You should check out the county where Infosys is being sued.
Hayneville has a population of 1100, and the suit claims that
Infosys discriminated against this guy because he is a Christian.

Remember when some small-town southern jury awarded $multi Billion
against BMW in punitive damages in a scratched-paint case?

Let's hope this is the same thing.

Infosys needs a multi-Billion judgment against them. . .
Yes, they do.


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