Legal letter to US anti H1B blog
By Bala Shah

The US had set up the H-1B visa program to hire on a short term basis highly skilled workers not available in America.  While many Indian tech firms follow the rules, the ground reality is that some tech firms have used every loophole in the H-1B system to bring in low cost workers.  The ongoing misuse of the visas by a handful of Indian companies is an open secret. 

A few Americans had started anti H1B and anti Indian sites. The most caustic (with a tinge of humour) anti-Indian and anti-H1B site is ITGrunt.  ITGrunt was even interviewed by international magazine Businessweek.  Another such site is the EndH1B.com blog.

So, what happens in the cut and thrust between American tech firms and desi bodyshops when they are criticized by anti H1B sites like ITGrunt and EndH1B?  Most American tech firms and desi bodyshops keep a polite silence.

Once in a while, things blow up.  That is what happened this week.

First, the background. On Nov 19, 2009, blog EndH1B had published allegations first aired on Desicrunch.com that Indian origin US-based Apex Technology Group allegedly used ‘indentured servitude as part of the business model’.  Part of the allegations was an agreement between Apex Technology and an Indian techie on H1B Visa that said that in the absence of a 30 day notice, he would lose his last payment.  And he would have to allegedly pay $35,000 if he quit between contracts.

Techgoss would like to emphasize these are allegations and have yet to be proved in any court of law. Apex Technology Group has publicly denied all such allegations and insists it that is a reputable business.  The Apex website lists Microsoft, New York Stock Exchange, Down Jones, IBM and UBS as some of its high profile clients.

EndH1B posted the article on Nov 19, 2009. But nothing happened until Nov 30, 2009.

On Nov 30, 2009 the endH1B blog received the following ‘cease and desist’ letter from the HR/Legal Department of Apex. Even though it has been signed off by an American ‘Shawn’, the language seems to be very Indian. (Techgoss has not edited a single word of the warning letter so you can get an idea of how Shawn is using Indian English)

“
Dear Sir or Madam;

On 11/23/2009 Apex Technology Group, Inc.  came to an attention about your website www.endh1b.com which provided artificial and untruthful statement to the public which can't even confirmed by this specific indiduals who claim himself as Mr. Pankaj Jain and is defaming Apex Technology Group reputation in many other websites which are currently cooperating with our Attorney. I would like to bring this to you attention that our Attorney has went forward with legal proceedings against this culprit. As per you if owner is not responsible for the information posted on this website has full right to remove the article requested by Apex TGI.

I am disappointed because your services didn't  check the authenticity of the person who posted our legal document which has defamed our Apex Technology Group's image and could lead to heavy losses to the revenue which has reputation and been in the business since 2001. To further minimizing the damage to Apex Technology Group's reputation I purpose you remove the article linked to your website. I further request you to provide us the contact details of the individual who posted this legal agreement without permission since we are the copyright owner of the legal document. We request that you investigate the substance of our complaint, and provide us with the contact details of the individual in fault, pursuant to Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability, as suggested in your website, if these allegation are found valid. Please respond to us in writing.

To resolve the problem I would appreciate and require you to take the action to remove the link attached below:

http://endh1b.com/Web/blogs/endh1b/archive/2009/11/19/indentured-servitude-is-part-of-the-business-model.aspx

I look forward to hearing from you and to a resolution of this problem. I will wait till 12/04/2009 before arranging for the matter to be removed from your website by a third party (Company's Attorney) at your cost or seeking help from Consumer Protection Agency. Please feel free to reach me for any further inquiries at the contact information below.

Thanks and Regards
Shawn Gibson
HR/Legal Department
Apex Technology Group Inc.
2 Kilmer Road., Suite# C
Edison, NJ 08817
“

This legal threat to the endH1B was a red flag to the anti H1B lobby in America.  They have come out firing and threatened to get Apex investigated by every relevant Government body for H1B violations. Angry emails were exchanged between the two organizations. All the details are at this EndH1B Website.

If push comes to shove, this would be the firs time the Anti H1B lobby would face off with an Indian origin tech company in court.