company audited

[guyfromusa]

Immigration Gurus,

I received my GC thru a company last year and since then I am still with my sponsoring employer (16 months). Last week my company got audited from the Dept of Labor asking details of all H1s (wages, etc) between 2004 and 2005. Is this normal ? What mut have triggerred the labor dept to audit my employer. If by chance there is a problem, will there be any impact on my GC which was already approved last year ?

 

[hipka]

It is very unusual to get audited by DOL. I am sure there was some major complaint. However most employers are smart to have their paperwork in order. Also immigration law has so many loopholes that even if companies are caught red handed they will probably get away.
So unlikely that there will be serious problems. Your GC will be impacted only in case of major fraud by your employer.

 

[hipka]

DOL can initiate an audit based on a complaint by an employee or a third party.

Chennai in visa stamping has referred cases to DOL in USA. I personally know of a few cases that this is currently going on.

If DOL sees problems (every h-1b company WILL HAVE A PROBLEM) and they start delving into the permanent labors then it will cause issues.

I've posted in the past that just because you get a greencard, you are not safe if you didn't get it in the pure way. Everytime a company files an H-1b, person goes for visa stamping, files a labor, I-140; it gives the agenices a chance to go through the history of the company. One thing here or there can trigger them to look at everything.

And I am repeating what I said before. The H-1b/GC law has so many loopholes that any sensible company can escape detection. How else can you explain a software programmer getting approval for a salary of 10K per year in california or the fact that DOL accepts 30 different sources for wage info from the same area ? Simply looking at a company's paperwork won't yeild much unless the law is changed.