Yeah, but that is different, because there are clear rules of where somebody on H1 can work. It is in the law that working at a place other than the one specified in the LCA or for a salary less than what is specified in the LCA is not allowed.
Here, we are talking about the intent of the employer to commit fraud. Of course, if the employee knows that the employer has no intention to pay the salary specified in the LC, it is clear fraud from the employee. The law requests from both employer and employee to have the good faith intent to have an employer-employee relationship after GC approval. The employee, however, is only required by law to show his good faith intent. And the employee is inadmissible or deportable if he doesn't. The employer is also required to show his good faith intent, and if he doesn't, he can be fined and in severe cases prohibited from filing more immigrant petitions.