An Indian H-1B worker is suing his Indian boss and his company for claiming he paid about $100,000 to keep his job.
An H-1B Indian worker has filed a lawsuit against a Texas company and its Indian boss, accusing him of trafficking, enslavement and forced labor. Rishikesh (Raj Misala) got a job in Sai Jitender Kalagra’s company but Kalagra insisted that Raj pay his own salary and he did not get anything from the company.
According to the lawsuit, Raj came to the United States legally on an F-1 visa, completed his master’s degree in December 2023 and began his optional practical training.In March 2024, Sai Jeetendra appoints Rishi as an H-1B and promises him a legal job. In June 2024, Rishi’s H-1B was selected and his first day in the company was October 1, 2024.Rishi said in his lawsuit that he was put on the “bench,” and the company told him they would not pay him while he was on the bench.
Instead, he would have to pay the company to maintain his wages, without which Rishi would not have legal immigration status.“Progress and Kalagara know that USCIS requires the operation of regular payrolls for any extension or transfer of an H-1B application. Thus, by threatening to forego payroll, Progress and Kalagara were implicitly threatening Rishi with his immigration status. If they did not run Rishi’s payroll, Rishi would not be able to maintain, extend, or transfer his H-1B,” she said, adding that Rishi turned over approx. $8,800 in cash to Progress’s Plano office “under threat of losing his immigration status.”
“We’ll transfer you to ICE”
Rishi was not paid for the months of October and November 2024. He was paid his salary for December 2024 and January 2025. And again from February 2025 to the present (at the time of filing the suit), Rishi was deprived of his salary. The company demanded cash payments of more than $10,700 from Rishi for “application fees, random expenses, and costs associated with the immigration process.” They threatened to withdraw Rishi’s H-1B unless he completed those payments.
Progress and Kalagara threatened Rishi with going to ICE, the suit said.In November 2025, the company accessed Rishi’s Gmail account to check whether he was consulting an attorney to take action against the company, the lawsuit said. Kalagara told Rishi’s father that if Rishi complained he would let ICE handle it.The company and its owner owe Rishi at least $97,248.94 in unpaid wages and forced payments, and Rishi also suffered severe mental anguish and panic attacks, the lawsuit said.The company did not comment on the lawsuit.
What is a bench in IT?
Benching is a common term in the IT industry, which means that an employee does not have an ongoing project but is still working for the company. This amount must be paid, and unpaid sitting violates US labor laws.
