Techgoss exclusive: Court shuts down anti H1B blogs
By Bala Shah

The USA had set up the H-1B visa program to hire on a short term basis highly skilled workers not available in America.  While many blue chip Indian tech firms follow the letter and spirit of the American law, the ground reality is that some 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 anonymous anti H1B and anti Indian sites. The most caustic (with a tinge of humour) anti-Indian and anti-H1B site is ITGrunt.  Despite being written under a pseudonym, ITGrunt was even interviewed by respected international magazine Businessweek.  Another such site is the EndH1B.com blog. At many levels, both these blogs work in tandem.

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 in late November/first week of December, 2009.

As reported earlier, US-based Indian origin Tech firm Apex Technology Group had initiated legal action against American blog EndH1B. Apex Technology Group, which counts IBM, Microsoft, UBS and other blue chip companies as clients, wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas. Apex has flatly denied all allegations made against it.

This legal threat to the anti H1B and anti Outsourcing lobby was like a red flag to an enraged bull. EndH1B, and its affiliated blogs, had launched an all out open attack on Apex Technology Group and its legal team. EndH1B had publicly accused Apex Technology Group of illegally charging $3000 to process some Visas. EndH1B had told their readers that Apex legal threats were bogus and not even worth a reply.  EndH1B supporters donated $5000 to defray the costs of the legal battle.

On Dec 8, Apex served legal papers to the EndH1B blog to appear in the New Jersey Court on Friday, December 11. This American court ruled that under the American constitution, EndH1B had not broken any law by linking to allegations on other sites and publishing new facts about Apex Technology Group. Apparently, the Judge did not need much convincing as EndH1B was not even represented in court.

Flushed with victory, ITGrunt’s Tunnel Rat, who works closely with EndH1B, blogged on Dec 21 about this favourable court judgment.

Apex Technology Group then appealed to a higher court.  On Dec 23, another Judge in New Jersey ruled in their favour. Techgoss has a copy of this judgment with the court ruling on Dec 23 that Internet Service Provider Comcast Cable Communications should hand over to Apex Technology Group all the data it has to identify the anonymous bloggers behind EndH1B and ITGrunt.  The Court also ordered Yahoo, Facebook to hand over all information it has to identify the anonymous ITGrunt.

The Judge also ordered hosting companies to shut down itgrunt.com, endh1b.com and other associated websites. By Dec 24 morning, endh1b and itgrunt had been taken offline.

The latest judgment is a big blow to sites like endh1b, itgrunt, guestworkerfraud which have campaigned persistently and vociferously against the short comings of the US Government’s visa system.

But this is just another milestone in the battle between the two warring parties. While Apex is clearly bent on clearing its name in court, the anti outsourcing lobby is well organized with a huge fan following among American techies.  The anonymous blogger ITGrunt has many die hard supporters and admirers.

The Judge has given the defendants time to appeal his judgment against them. So, nothing will happen during the Christmas holiday break.

What are the possible scenarios?

-The anonymous anti H1B blogs appeal to a higher court. They are trying to enlist support from powerful public interest organizations like EFF which support free speech.

-Apex Technology Group stops further legal action now that it has got articles criticizing it removed from these websites. At this stage, no compromise seems possible between the two parties.

-The anonymous bloggers behind these anti H1B blogs are revealed. Such a step would polarize both the groups and actually escalate it to a more serious fight between some American and Indian techies. This is the worst case scenarios for both parties.

In the past, American and Indian tech firms have turned a blind eye to what was written about them. This is the first time that push has come to shove. Apex is insistent that it has always followed American laws.  Apex has won a legal victory, but will it now become the lightning rod for everything many Americans hate about outsourcing?  Only time will tell.

(Techgoss note:  The following articles have hyperlinks to EndH1B and ITGrunt. But there is a possibility that these sites may now be down and so these links may not work)

(Techgoss had published the following on Dec 23, 2009)

H1B Blog claims legal victory over Indian tech firm
By Bala Shah

The USA had set up the H-1B visa program to hire on a short term basis highly skilled workers not available in America.  While many blue chip Indian tech firms follow the letter and spirit of the American law, the ground reality is that some 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. At many levels, both these blogs work in tandem.

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 in late November/first week of December, 2009.

As reported earlier, US-based Indian origin Tech firm Apex Technology Group had initiated legal action against American blog EndH1B. Apex Technology Group, which counts IBM, Microsoft, UBS and other blue chip companies as clients, wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas. Apex has flatly denied all allegations made against it.

This legal threat to the anti H1B and anti Outsourcing lobby was like a red flag to an enraged bull. And seem to have backfired.

EndH1B, and its affiliated blogs, had launched an all out open attack on Apex Technology Group and its legal team. EndH1B have now publicly accused Apex Technology Group of illegally charging $3000 to process some Visas. EndH1B had publicly said that Apex legal threats were bogus and not even worth a reply.  EndH1B supporters donated $5000 to defray the costs of the legal battle.

On Dec 8, Apex served legal papers to the EndH1B blog to appear in the New Jersey Court on Friday, December 11.  Under the US Judicial system, the defendant can appear in person or be represented by a solicitor. As EndH1B is an anonymous blog, it preferred a lawyer representing it.

The American court has passed judgment on this case.  The Judge ruled that under the American constitution, EndH1B had not broken any law by linking to allegations on other sites and publishing new facts about Apex Technology Group. Apparently, the Judge did not need much convincing as EndH1B was not even represented in court.

ITGrunt’s Tunnel Rat, who works closely with EndH1B, never misses an opportunity to attack the misuse of the H1B Visas and Indian techies. He mocked Apex on his website

“
Twas Two Nights Before Christmas
-Ode to Tunnel Rat's Victory-

Twas two nights before Christmas, when all through the house
Champagne corks were popping, but not for that louse.
The one from New Jersey - that fat Hindi creep
Who hoped he could sue me but now he's in deep.
…..
“

Will Apex now appeal to a higher court? Techgoss will keep you posted.

(Techgoss had published the following on Dec 14, 2009)

H1B blog raises $5000 to fight Indian legal threat
By Bala Shah

The USA had set up the H-1B visa program to hire on a short term basis highly skilled workers not available in America.  While many blue chip Indian tech firms follow the letter and spirit of the American law, the ground reality is that some 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. At many levels, both these blogs work in tandem.

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 in late November/first week of December, 2009.

As reported earlier,  US-based Indian origin Tech firm Apex Technology Group had threatened to take legal action against American blog EndH1B. Apex Technology Group which counts IBM, Microsoft, UBS and other blue chip companies as clients wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas. Apex has flatly denied all allegations made against it.

This legal threat to the anti H1B and anti Outsourcing lobby was like a red flag to an enraged bull. And seem to have backfired.

EndH1B, and its affiliated blogs, have launched an all out open attack on Apex Technology Group and its legal team. EndH1B have now publicly accused Apex Technology Group of illegally charging $3000 to process some Visas. EndH1B had publicly said that Apex legal threats were  bogus and not even worth a reply.

Now it is clear that Apex Technology Group is serious about legal action.  On Dec 8, it served legal papers to the EndH1B blog to appear in the New Jersey Court on Friday, December 11.  Under the US Judicial system, the defendant can appear in person or be represented by a solicitor. As EndH1B is an anonymous blog, it will prefer a lawyer representing it.

The EndH1B public appeal to fight the legal battle against the  tech company has already raised $5000.  EndH1B is also telling its readers that it has asked for help from the powerful public interest organization Electronic Frontier Foundation.

This case will certainly be of great interest to everyone in the American and Indian tech industry as this will be the first time that Indian origin tech executives will be forced to give testimony under oath.  Also, many are interested in understanding how EndH1B will protect its anonymity in any such public legal case.  Many Indian tech firms are convinced that once Apex proves its case in court, there will be a drop in such baseless allegations against Indian tech firms.  

There is one certainty in this court case.  If the Electronic Frontier Foundation supports EndH1B,  some of the best legal minds will volunteer their services to protect the anti H1B Visa blog. 

Techgoss will keep you posted with both sides of the story.

(Techgoss had published the following on Dec 8, 2009)

H1B blog mocks Indian legal threat
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  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 in late November/first week of December, 2009.

As reported earlier,  US-based Indian origin Tech firm Apex Technology Group had threatened to take legal action against American blog EndH1B. Apex Technology Group which counts IBM, Microsoft, UBS and other blue chips as its clients wanted to protect its reputation after EndH1B published a post accusing it allegedly of mistreating Indians on H1B Visas.

This legal threat to the anti H1B and anti Outsourcing lobby was like a red flag to an enraged bull. And seem to have backfired.

EndH1B, and its affiliated blogs, have launched an all out open attack on Apex Technology Group and its legal team. EndH1B have now publicly accused Apex Technology Group of illegally charging $3000 to process some Visas.

EndH1B has now publicly said that Apex legal threats are bogus and not even worth a reply. They have put the following statement on their website

“
We don't want to waste our money on legal counsel over what is clearly an attempt to intimidate and silence us, so we are not putting Apex lawyer in touch with our lawyer.   We spoke with our attorney yesterday, and he assures that these threats are bogus.
“ 

Will Apex now actually take the matter to court?  Techgoss will keep you posted with both sides of the story.

(Techgoss had published the following on Dec 3, 2009)

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.