hiq software solutions, inc. case id: 1490612 · 12-1-2006 (ex c7f). he quit 5-31-2007. back wages...

HIQ Software Solutions, Inc. Case ID: 1490612

WHISARD #2007-302-03077

HIQ Software Solutions, Inc.2727 Walsh Ave #207Santa Calra, CA 95051

Cell phone 916-402-2594International fax 530-231-0128

@hiqsoftware.com Mr. Chandrajit Narra, PresidentEIN 68-0399412

Prior address2800 5th Street, Suite 120Davis, CA 95618

ALL CORRESPONDENCE TO GO TO Rediger, McHugh & Hubbert, LLP; Robert Rediger; @rmlaw.net.

Prior History: None Coverage: During the two year investigation period May 2, 2007 back to May 3, 2005, the firm has filed and ETA approved, twelve (12) labor condition applications (LCA's) (Ex C1-C12). Mr. Chandrajit Narra, President is the designated official who signed all 12 LCA(s). Mr. Narra utilizes the law offices of Amarnath Gowda in Michigan www.gowda.com to assist in the H1B process.

Firm has been in business since 1997. Mr. Narra holds all corporate positions. All employees have been petitioned to be

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (e)


employed as computer programmer/analysts. The H1B employees are placed throughout the United States either directly by the employer at client worksites, or through a intermediary placement agency to the client worksite. The employer claimed some H1B's have been employed “in house” on external project management and or internal project development.

When employer was a H1B dependent employer, the appropriate boxes on the LCA's were properly checked. Mr. Narra indicated at the initial conference, substantiated by the record check, there have been no U.S. citizens ever employed. Currently there H1B employees plus H1B who received his green card 9-12-2007.

Of the H1B's, the last one arrived in the US 5-28-07. The initial conference was held 9-26-07 and this worker was not disclosed. This H1B was benched and did not begin work until 10-1-07. There have been 7 past H1B employees within the 12 month window.

In addition to the Davis California Corporate office, the HIQ website shows Singapore and India office affiliates (Ex D1). Mr. Narra spends approximately 1 week every 2-3 months in the U.S. and the rest of his time is at the other two offices out of the country. The home country for all employees has been India.

Status of Compliance: The investigation was limited to H-1B workers who were employed within the investigative window, May 2, 2007 back to May 2, 2006. The investigation period extended forward to pick up all apparent violations from May 2006/March 2008 and backwards to pick up non-productive and non payment in 2004.

Regs At 805(a)(2) and 655.731 - Wages: Firm failed to pay the required wage rate which is the prevailing rate. No civil money penalty assessed.

Back wages for 7 employees total $45900.95 (Ex A1-A6). Refer to Exhibits A7-A66 for payroll records from January 2005 through August 2007.

Employee 5 )currently employed (Ex A1 A1h A1k B6 C5 D43 D48)

x LCA T-03231-00107 Davis 8-2-03/8-2-06 (Ex C5a)· $44,408 per yearx LCA I-05258-2036935 San Jose 9-15-05/9-15-08 (Ex C5e)· $51,813.00 per yearx LCA I-06165 2633531 Hayward 08-02-06/08-02-09 (Ex C5h)· $53,581 per year

Back wages found due $9981.65

Ex. 4 Ex. 4

Ex. 4

Ex. 7 (c)


Employee 7 (Ex A2 B1 C7)LCA #06086-232835 09-27-06/09-27-09 (Ex C7b)Worksite Davis CA Arrived in US 10-16-06 (Ex A2f A2r A2s A2n)

Transferred from Davis, placed directly by the employer, to Intelliverse, Atlanta Georgia and began work 12-1-2006 (Ex C7f). He quit 5-31-2007.

Back wages due $4069.31

Employee 10 (Ex A3 B2 C10)

LCA #05181-1867331 10-1-05/10-1-08 (Ex C10)Worksite Syracuse NYBack wages due $4530.63

Employee 11 )(Ex A4 B3 C11 D35)

LCA #06173-2652379 6-22-06/6-22-09 (Ex C11)Worksite Westlake Village, CA.Prevailing wage $55,411 (weekly $1065.59)Back wages due $2037.02

Employee 12 (Ex A5 B4 C12 D12 D30)

LCA #05137-1766307 5-17-05/5-17-08 (Ex C12b)Worksite Chicago IlPw $46,051

H1B was in the US since 2002 working for a different employer Hired 5-1-05/11-01-05 until this contract expired; worksite Newark Electronics in Chicago, placed by secondary firm Amtek.

LCA #05137-1766307 6-22-06/6-22-09 (Ex C12j)Worksite Beaverton Or. PW $46,7791-1-06/1-21-06 Vacation and marriage in India –employee provided interview and passport (Ex A5e-A5j). Employer records have incorrect dates (Ex C12n).

Back Wages due $7452.35

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Employee 13 (Ex A6; B5 signed interview; C13)12 month window May 2, 07/ May 2 2006. Sacramento received complaint 8-10-07. Employee is included in a new 12 month window 8-1-07/8-1-06.

LCA #06086-2323871 9-27-06/9-27/09 (Ex C13) (not signed)******PW $50,891

This employee was not disclosed by the employer until January 2008 when I inquired about this new name. Interview with employee he arrived in the US from Singapore (via India) May 28, 2007. (Ex A6b B5)

Arrived in US 5-28-07 (Employer must employ 30 days) Non Productive Time- July 1, 2007/October 7, 2007.

Back wages due $17,829.99

Regs. At 805(a)(5) and 655.734 – Notice:The firm failed to properly notify by never posting LCA's at any secondary worksite.

Employee 1 Currently employed (Ex C1)

LCA #06282 2843003 11-20-06/11-20-09 (Ex C1c)LCA #03246 00011 11-20-03/11-20-06 (Ex C1h)

Directly placed by employer at Blue Cross in New York.

Current compliance: I requested LCA posting at the Blue Cross worksite.

Employee 2 Currently employed (Ex B7 C2a C2b)

LCA #03218 00095 10-25-03/10-25-06 (Ex C2d)LCA #06237 2771435 10-24-06/10-24-09 (Ex C2h)

Placed by K Force for the Wells Fargo Bank worksite in San Francisco

LCA I-07285-3701633 employer obtained at investigator request 10-07; for compliance purposes (Ex c2m-C2q) Santa Clara, CA worksite

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


at Intel Corp placed by Tonetics, Inc Term 12-31-07 (Ex B7 C2b C2k D45 D46).

LCA #06237 2771435 10-24-06/10-24-09 (Ex B7 C2h D53c D58-D59)2-11-08 began work. Placed by Itascent and Tonetics for the Wells Fargo Bank worksite in San Francisco (Ex D53-D59). This occurred while the investigation was ongoing. The employer did not disclose this employee was at this site.

12-21-07 email sent to employer (because he was in India) asked to come into compliance. Provided fact sheet 62. 2-14-08 I requested compliance a second time by email (Ex D18 D22 D24).

2-14-08 (Ex D22a) employers response. No mention of this H1B or this worksite.2-22-08 Employer failed to disclose this situation.

Employee 4 Current employee (now in house) (Ex D47)

LCA #03231 00107 08-02-03/08-02-06 (Ex C4b)Worksite Davis, CA

This employee was employed in New Jersey and New York from 11-1-2006 through 8-31-2007 (Ex C4g), placed by Cat Technology. No LCA ever obtained, thus never posted at Yodle or Tranzact. Employer obtained LCA at investigators request LCA #06187-2676803 10-1-06/10-1-09 (Ex C4) for prevailing wage verification.

Employee 5 ( Ex B6 C5 D43 D48)LCA #03231 00107 08-02-03/08-02-06 (Ex C5a) LCA #I-05258-2036935 09-15-05/09-15-08 (Ex C5e) LCA #06165 2633531 08-02-06/08-02-09 (Ex C5h)

Employed worked at Cisco and Mervyns. Employer failed to post at either location. Employer attested to F1 box b firm is H1B dependent (Ex C5f C5i).

Employee 6 x LCA #03233-00062 10-25-03/10-25-06 (Ex C6b)x LCA #06237-2771669 10-25-06/10-25-09 (Ex C6f)

Worksite Hawthorne, CA

Failed to ever post at OSI Opto Electronics, Hawthorne, CA. This current employee received his green card in September 2007.

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Employee 7 LCA #06086-232835 09-27-06/09-27-09 (Ex C7)

Worksite Davis CAEmployee transferred to Intelliverse and began work 12-1-2006 in Atlanta, Georgia. He quit 5-31-2007. Employer never obtained an updated LCA thus never posted.

Employee 9 LCA #06276-2834487 10-25-06/10-25-09 (Ex C9)

Worksite Carlsbad CA

8-2005.3-2006 employee worked in Livermore at client worksite, DCS. He transferred to client worksite Interknowlogy, in Carlsbad, CA December 2006. LCA was not posted because LCA was not obtained for 2 months after H1B began work.

Employee 10 LCA #05181-1867331 10-1-05/10-1-08 (Ex C10)

Worksite Syracuse NY

Employee interview indicates he arrived in the US from India 7-1-2006 and began work in Florida at Verizon, placed by K Force on 7-15-06. He quit 1-31-2007. He never worked in New York. (Ex B2). Employer failed to obtain a LCA for this worksite thus never posted. He attested in section F1 box B firm was an H1B dependent employer.

Employee 11 LCA #06173-2652379 6-22-06/6-22-09 (Ex C11)

Worksite Westlake Village, CA.Hiq placed employee at the McGraw Hill worksite May 2006 (Ex A4d).

Employee 12 LCA #05137-1766307 5-17-05/5-17-08 (Ex C12)

Worksite Chicago IlFailed to post in Newark Electronics, Chicago IL, placed by secondary firm Amtek

LCA #05137-1766307 6-22-06/6-22-09 (Ex C12)Worksite Beaverton OrFailed to post worksite Opus Solutions, Oregon placed by secondary firm Teks.

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Failed to post Ercot in Tyler Texas direct placement. Employer never obtained a LCA for Texas worksite.

Additional H1B attestations for Dependent Employers. Refer to attached excel spreadsheet for proof employer has at least 8 H1B employees.

§ 655.738 – Non-displacement of U.S. workers:Regs At 805(a)(8) and .738: Secondary Displacement Inquiry: The firm failed to ever inquire of a secondary worksite employer that no displacement of U.S workers had or would occur in the 90 day period prior and subsequent to the placement.

The Employer admitted during a phone conversation on 12-21-2006 with Investigator and a subsequent 2-22-06 meeting at the DOL office with investigator and ADD Newton that no inquiry had been made. He was unaware of requirements. (Note that this pertains to LCA's filed through 9-30-2003 and after 3-8-2005.

Employee 5 (Ex B6) (06 W2 Ex A1f)(Ex B6 C5 D43 D48)

LCA #I-05258-2036935 09-15-05/09-15-08 (Ex C5e) LCA #06165 2633531 08-02-06/08-02-09 (Ex C5h)

Employed worked at Cisco and Mervyns. Employer failed to inquire at either location (C5q C5r). Employer attested to F1 box b firm is H1B dependent(Ex C5f C5i).

Employee 9 (05 & 06 W2 Ex A67(a) and A67(b))LCA #I-05258-2036961 9-15-05/9-15-08 (Ex C9e)LCA #06276-2834487 10-25-06/10-25-09 (Ex C9n)

Employer attested to F1 box b employer to be H1B dependent (Ex C9b C9f C9O).

Employee worked at Gap Inc., ADP Inc.; DCS, and Interknowlogy. No inquiry ever made at the 4 worksites.

Employee 10 (Ex B2) (06 W2 Ex A3)a) 07 W2 Ex A3b)

LCA #05181-1867331 10-1-05/10-1-08 (Ex C10)Worksite Syracuse NYAttested in section F1 box B firm was an H1B dependent employer (C10b).

Employee worked at Verizon in Florida under a NY LCA. Employer failed to make inquiry.

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Employee 11 (Ex B3) (06 W2 Ex A4a)LCA #06173-2652379 6-22-06/6-22-09 (Ex C11)

Worksite Westlake Village, CA.Attested in section F1 box B firm was an H1B dependent employer(Ex C11c)

. This was a direct placement at the clients, McGraw Hill. Failure to inquire.

Employee 12 (Ex B4) (05 W2 Ex A5a 06W2 Ex A5k)LCA #05137-1766307 5-17-05/5-17-08 Worksite Chicago Il (Ex C12)Attested in section F1 box B firm was an H1B dependent (Ex C12c).

12 LCA #05137-1766307 6-22-06/6-22-09 Worksite Beaverton Or (Ex C12)Attested in section F1 box B firm was an H1B dependent (Ex C12kc)..

Failed to make inquiry in Newark Electronics, Chicago IL, placed by secondary firm AmtekFailed to make inquiry worksite Opus Solutions, Oregon placed by secondary firm TeksFailed to make inquiry Ercot in Tyler Texas direct placement. Employee worked in Texas under Oregon

LCA .

805(a)(9) § 655.739 – Recruitment of U.S. workers: This pertains to LCA's filed through 9-30-2003 and after 3-8-2005. Failed to prove good faith attempts to recruit US workers before hiring H1B's.

At my request in my 12-21-2007 request to Mr. Narra's proof of recruitment and after attaching fact sheet 62E & 620 62P. In our 2-22-08 meeting he provided 2005 year only attempts at recruitment at the Davis Enterprise college paper and California Aggie. In addition, a Washington Times and NY times was provided with no dates. (Ex D29- D33). He stated to us it was too expensive to advertise nationwide. I requested copies of all applications from US citizens and all rejection letters. To date none have been provided.

Employee 5 ( LCA #I-05258-2036935 09-15-05/09-15-08 (Ex C5e) LCA #06165 2633531 08-02-06/08-02-09 (Ex C5h)

Employed worked at Cisco in San Jose 11-1-04/8-31-05 and Mervyns in Hayward 10-05.(C5q C5r). Employer attested to F1 box b firm is H1B dependent(Ex C5f C5i).

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Employee 9 LCA #I-05258-2036961 9-15-05/9-15-08 (Ex C9e)LCA #06276-2834487 10-25-06/10-25-09 (Ex C9n)

Employer attested to F1 box b employer to be H1B dependent (Ex C9b C9f C9O).

Employee worked at Gap Inc.in San Bruno 2-05, ADP Inc.in San Jose; DCS in Livermore, and Interknowlogy in California (Ex C9q).

Employee 10LCA #05181-1867331 10-1-05/10-1-08 (Ex C10)

Worksite Syracuse NYAttested in section F1 box B firm was an H1B dependent employer (C10b).

Employee worked at Verizon in Florida under a NY LCA (Ex B2 C10k).

Employee 11 LCA #06173-2652379 6-22-06/6-22-09 (Ex C11)

Worksite Westlake Village, CA.Attested in section F1 box B firm was an H1B dependent employer(Ex C11c)

. This was not a direct placement at the clients, McGraw Hill (Ex B3).

Employee 12 (Ex B4) LCA #05137-1766307 5-17-05/5-17-08 Worksite Chicago Il (Ex C12)Attested in section F1 box B firm was an H1B dependent (Ex C12c).

12 LCA #05137-1766307 6-22-06/6-22-09 Worksite Beaverton Or (Ex C12)Attested in section F1 box B firm was an H1B dependent (Ex C12kc)..

Newark Electronics, Chicago IL, placed by secondary firm AmtekOpus Solutions, Oregon placed by secondary firm TeksErcot in Tyler Texas direct placement. Employee worked in Texas under Oregon LCA .

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Reason for violations: On 2-22-08 at a meeting with investigator and ADD Newton, Mr. Narra told us that the Market conditions were not good in the United States so “I focused my efforts in India”. He misunderstood regulations and did not know when he filled a LCA, he had to recruit when a H1B was already working for him. He also did not know he had to recruit if placed at a worksite by a secondary employer.

Employer Statements/Regs. At (805)(a)(16): Failure to otherwise comply by failure to amend Labor Condition Application in regards to H1B nonimmigrants who were relocated to new worksites. No civil money penalties assessed.

Employee 2 x LCA #03218 00095 10-25-03/10-25-06 (Ex C2)

Worksite New York (Ex C2d)This employee worked in NY 2003/10-31-05 when the contract expired (Ex C2a). Employed at Medarex, Milpitas, CA from 11-1-05/3-31-06 (Ex C2a). No LCA for Milpitas.

LCA #06237 2771435 10-24-06/10-24-09 (Ex C2h)Worksite San Francisco

6-1-06/6-30-07 Employed at Wells Fargo Bank, San Francisco (clients worksite), placed by K Force(Ex C2a).

July 1, 2007 /December 31, 2007 worksite was Intel Corp in Santa Clara CA placed through a secondary placement agency, Tonetics, Inc (Ex C2a C2b & Invoice C2k; D46 contract). Telephone Interview with employee he went to India on vacation from 1-1-08/1-28-08. Itasents and Tonetics obtained the Wells Fargo Bank worksite in San Francisco CA 2-11-08 (Ex B7 D53).

LCA #I-07285-3701633 10-12-07/10-12-2010 (Ex C2m-C2p D45 D46)Worksite Santa Clara

Reason given for for violation (Ex C2l): No LCA because Milpitas is within 50 miles of San Francisco.

Ex. 7 (c)

Ex. 7 (c)


Employee 4 x LCA #06187-2676803 10-1-06/10-1-09 (Ex C4)

Worksite Davis, CAThis employee was employed in New Jersey and New York, on the Davis, CA LCA from 11-1-2006/9-1-2007 when the contract expired. Placed by a secondary placement agency, Cat Technology (Ex C4f C4g) ( D47 3rd party subcontract agreement showing as needed basis).

Employer obtained LCA after investigation began for back wage purposes (Ex C4h-C4m).

Employee 5 x LCA #03231 00107 08-02-03/08-02-06 (Ex C5a)

Worksite Davis, CAx LCA I-05258-2036935 San Jose 9-15-05/9-15-08 (Ex C5e)· $51,813.00 per year

Placed by at Cisco (Ex B6) (client worksite), in San Jose, CA from 1-1-05/10-31-05. LCA for San Jose not obtained for nine months (Ex C5q).

x LCA #06165 2633531 08-02-06/08-02-09 (Ex C5h)Worksite Hayward, CA

Work at Mervyns (client worksite) in Hayward CA 11-1-05/ to current. Placed through a secondary agency, Stratitude, Inc (Ex C5r). The employed did not obtain an updated LCA for nine months (Ex C5n C5o) Ex D48 consulting services agreement).

Employee 6 x LCA #03233-00062 10-25-03/10-25-06 (Ex C6b)

Worksite New YorkEmployee never worked in New York (Ex C6n).He worked in Florida for Carnival Cruise Lines 9-04/5-05 (Ex C6n)

x LCA #06237-2771669 10-25-06/10-25-09 (Ex C6f)Worksite Hawthorne, CA

He was employed in Hawthorne, CA at OSI Opto Electronics from June 2005/current (Ex C6n). LCA for Hawthorne was not obtained until 16 months later when the New York LCA expired. Employer placed H1B directly to this client worksite. Employee obtained his green card 9-12-2007 and is no longer underthe H1B visa provisions.

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)



Worksite Davis CA

Transferred from Davis, placed directly by the employer, to Intelliverse and began work 12-1-2006 in Atlanta, Georgia (Ex C7f). He quit 5-31-2007 (Ex B1). Employer never obtained a Georgia LCA (Ex C7h).

Reason for violation: The placement was temporary (Ex C7h)

Employee 9 x LCA #05258-2036961 9-15-05/9-15-08 (Ex C9e)

Worksite Livermore CAEmployee worked in Livermore at client worksite, DCS, from August 2005 through March 2006.

x LCA #06276-2834487 10-25-06/10-25-09 (Ex C9n)Worksite Carlsbad CA

He transferred to client worksite Interknowlogy, in Carlsbad, CA April 2006. A proper LCA for this worksite was not obtained for 6 months after H1B began work (Ex C9q).

Employee 10 x LCA #05181-1867331 10-1-05/10-1-08 (Ex C10)

Worksite Syracuse NYEmployee never worked in New York (Ex B2 C10k).

Employee arrived in the US from India 7-1-2006 and began work in Florida at Verizon, placed by K Force on 7-15-06. He quit 1-31-2007 (Ex B2). Employer failed to ever obtain a LCA for Florida until investigator requested one.

Reason for violation: The placement was temporary (Ex C10l)


Worksite Chicago IlWorked in Chicago May-Nov 2005 placed through AmTek at Newark Electronics (Ex C12n).

x LCA #05137-1766307 6-22-06/6-22-09 (Ex C12j). Worksite Beaverton Or

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

HIQ Sofuvare Solutions. Inc. Case 10 : 1490612

• Employee began work 5-1-06 and LeA was obtained 6-22-06 worksite Opus Solutions, Oregon placed by secondary fmu Teks (Ex C12n)

11 -1-06/6-7-07 employee worked in Tyler Texas, at at Ereot as a direct placement (Ex B4). Employer never obtained a LCA for Texas worksite until requested by i.uvestigator(Ex C I2n) .

F ll ilul'(' to maiutlliu docnml'utlltiou IlS I'l'quirl'd by 20.C.F .Rd. 655.731.

The fmu failed to mai.utaul a complete public access fi le for (#) LCAs/specifY records. No public access file was established. Employer had to gather documents from his anomey, the HIB's, and his own records.

The employer has established all required records/pIa files and has assured the ulVestigator that the fum will comply with public access/record retention requirements in the future . No CMP is recommended.

Extemal Projects: Mr. Narra, told me on a phone conversation on 2-13-08, the last installation of an "extemal product" was in March 2oo5 for Glenayre, in Atlanta Georgia . He stated there is no income derived for any maintenance from this product. He asserts the product is maintained free to the customer. Investigator and ADD Newton met with Mr. Narra a the DOL office on 2-22-08. Mr. Narra could only provide extemal product documents which were dated back in 2003 and 2004 (Ex D40-D42) . He uldicated that employee #3 IT1 t and #8 worked in the Davis, CA HIQ office on these projects.

Intemal Projects: At the 2-22-08 meeting, Mr. Narra provided doclUuents on " iutemal projects" (Ex D39). He indicated that employees #4 and #1 IT7 tare workulg on these projects from their homes, New Jersey and Mountaul View respectively. SUlce the project is ul the begullling stages, gathering i.ufomIation and aIIalysis, no


other documents could be provided.

Tax Returns:No income for “external or internal projects” were shown on the 2005 tax return (11-1-05/10-31-06) (Ex D38b). Mr. Narra provided an income statement corresponding to the 2005 tax return that showed 100% of all income was from work performed by the H1B workers through 2ndary employers or from direct placement (Ex D37a).

Mr. Narra confirmed no other income will be shown on the 2006 tax return November 1, 05/Oct 31, 06 (extension filed) (Ex D 37a D38a). Income statement shows all income from payment to HIQ for the work performed by the H1B workers (Ex D37b).

Employee 3 (Ex C3 D26) No response to phone calls for an interviewx LCA #06094-2361465 10-1-2006/10-1-2009 (Ex C3b)

Job Title Programmer Analyst/ Part Time From October 2006 to current has been employed at the employer's establishment or at his home which is located in Davis, CA. on external project maintenance.(Ex D35) email from this H1B to another suggesting incorrect information should be provided to investigator.Currently employed-

Employee 4 (Ex C4 D26) Employee answered phone, but asked to call me back. She never called.x LCA #06187-2676803 10-1-06/10-1-09 (Ex C4b)

Davis Worksite (in house projects)Stated occupation programmer analyst

Conducted an initial conference with employer on 9-26-07. He indicated this employee was currently working at Yodle in New York. When attempting to interview her, I spoke to , supervisor who stated she had not worked since 8-31-07.

In December 2007, when I brought up this new information to Mr. Narra, he stated this employee returned to India for and extended vacation. On 2-13-08 I emailed Mr. Narra to ask if he notified INS employee was no longer employed. He emailed back and stated she is working directly for him on an internal project development from her home in New Jersey. Currently employed-

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Employee 8 (Ex C8 D26)x LCA #05132-1755431 10-1-05/10-1-08 (Ex C8b)

Stated occupation programmer analyst.

Employer's records show was employed from April 2006 and terminated February 2007. Mr. Narra indicated this employee worked “in house” on external project maintenance (Ex C8j). The 5-12-05 job description included in the employees petition package states 40% of work will be software systems design, 40% software architecture analysis, 10% systems management, and 10% software design finalization (Ex C8n-C8p).Terminated-unlocateable

Employee 13 (Ex A6 [B5 signed interview] C13 D26) 12 month window May 2, 07/ May 2 2006. Sacramento received complaint 8-10-07. Employee 13 is included in a new 12 month window 8-1-07/8-1-06.

x LCA #06086-2323871 9-27-06/9-27/09 (Ex C13)This employee was not disclosed by the employer until January 2008, 4 months after the investigation began when I inquired about this new information. Interview with employee he arrived in the US from Singapore (via India) May 28, 2007. Because of the computer industry downturn, there were no available jobs (Ex B5).

Arrived in US 5-28-07 (30 day grace period)Benched: July 1, 2007/October 7, 2007.

October 8, 2007 to current: This employee is employed from home in Mountain View, CA on “internal project development”.

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)


Disposition:

JRC on 3-27-2008 with Rubin Rosalez, ADD Richard Newton, RSOL David Kahn and Investigator . We all agreed on violations and severity. Investigator was asked to conduct additional fact finding on postings. Agreed when additional fact finding is complete to obtain approval of determination letter from Mr. Kahn before holding final conference and issue of the wage determination.

Initial conference took place at the employers place of business on 9-26-07. ADD Newton and Investigator met with President Chandrajit (Chandra) Narra. provided 20CFR Part 655 Subparts H & I to Mr. Narra. I asked Mr. Narra if he had hired any additional H1B workers and he stated no. He indicated he filed LCA's to maintain his current workforce.

ADD Newton and I held a meeting at DOL with Mr. Narra on 2-22-08. He provided additional information and documents. He informed us he was leaving the United States and going to India for an extended period of time. From February through May various emails were sent back and fourth to Mr. Narra in attempts to obtain information and clarity of compliance issues.

5-31-08 received a letter from Robert Rediger, Rediger, McHugh & Hubbert, LLP that he is now representing firm

6-13-08 Meeting was held with Mr. Rediger at the DOL office. He was not familiar at with the H1B provisions. I provided a regulation and a sample LCA. We discussed the areas I believed to be in non-compliance.

No public Access File.No LCA postings at secondary worksites.Non-displacement of U.S. workers provision for H1B dependent employeesRecruitment of U.S. workers provision for H1B dependent employersH1B workers worked in areas not shown on the LCAStated occupation for 3 H1B's questionable (work at home)LCA not amended to show new worksites.Back wages for non productive work. Reviewed immigration docs to determine dates in and out of country . LCA rate should have been paid x hours x weeks = BW dueBack wages for productive work LCA less W2 earnings = BW due

Final conference was held at the DOL office on 8-8-2008. Mr. Narra, President/owner, Robert Rediger, attorney, Investigator , and ADD Newton were in attendance. I discussed all potential violation areas which were the same as the disucssion on 6-13-08. Mr. Narra indicated he has closed down his Davis office and rents a room in a private home of a friend. He no longer hires H1B's. He seldom operates in the United States, now concentrating on his business adventures in India.

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

Ex. 7 (c)

HIQ Sofuvare Solutions. Inc. Case 10: 1490612

We discussed back wage computations and the letter provided by Mr. Rediger in regards to additional wage payment infonnation. We reviewed back wages together and resolved the issue. Mr. Narra agreed to pay back wages in full using t\','O ins tallment payments. The first to be due 9-8-08 (50% down payment) and the first and fmal i.ustallment due 10-31-08. He signed a WH 56 and the Instalment Compliance Agreement. He emailed the signed copies and he stated he mailed the original signatures.

Mr. Narra indicated he Illlderstood all provisions of the H IB regulation and agreed to funll'e compliance although he doubted he would be doing business in the U.S. in the near funll'e. He has two current employees but stated they are no longer lIlIder the HIB provisions because they received some sort of immigration doclUnentation for citizenship.

Detennination letter was sent on (date). Finn did not appeal and letter became a final order on (date). Or: Finn appealed and case is referred to RSOL for litigation. TIle certified detenni.uation letter was mailed **.

Recommendation

No violations were fOlllld to be willfili. No CMP's are recommended. Back wages will be paid in filii no later than 10-31-2008.

Recommend case be closed upon payment of back wages and fmal detemlination letter.

Senior hlVestigator

hiq software solutions, inc. case id: 1490612 · 12-1-2006 (ex c7f). he quit 5-31-2007. back wages...

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