$23K Award in H-1B Benching Case: Komakula v. Aqua Information Systems

Komakula v. Aqua Information Systems, Mar. 9, 2016 - "1. The Prosecuting Party paid $5,225 to the Respondent as fees for his H-1B petition in violation of the Act. Accordingly, I find that the Respondent must to remit the $5,225 payment to the Prosecuting Party. No interest is due on this payment. 2. The Respondent is not liable for any damages for failing to timely provide the Prosecuting Party with his certified LCA. 3. The Respondent is not liable to pay any damages or civil monetary penalties for contract provisions requiring the Prosecuting Party to pay an early termination fee. 4. The Respondent is liable to the Prosecuting Party for $18,000 in back wages for June 3, 2013 to August 9, 2013. 5. The Respondent is liable for interest on the back wages award. The Respondent is liable to pay interest only on the back wages award."

Allissa Wickham, Law360, Mar. 10, 2016- "The ruling also shows that companies essentially have to opt out of the provision that included the H-1B portability provisions, known as the American Competitiveness in the Twenty First Century Act, or AC21, he argued. “If you don't explicitly opt out, [and] you file a petition with a start date, you have a contract with a start date, and you are eligible for AC21 — you’re kind of assumed to be having an employment relationship,” said Piver, who confirmed that his client is now working for a different company, called V-Soft Consulting Group Inc."