albertpinto
Registered Users (C)
http://www.uscis.gov/portal/site/us...nnel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
http://www.uscis.gov/files/article/11arrestedmultivisafraud02feb09.pdf
"In some cases, the foreign workers have allegedly been placed in jobs and locations not previously certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The companies and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state and federal agencies in support of the visa applications. The companies are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy."
Can someone answer these questions:
1) In this "apparent" fraud case, in addition to the employer being arrested for filing false petition, one of the reasons why the consultant was arrested was because their W-4 form on which the paystub & W-2 is based did not reflect their true work location and residence. The paystubs were provided as supporting documents via mail (causing mail fraud) as part of visa extensions and transfer applications.
If a consultant's H1B petition specifies LCA work location as City A and for that consultant to work on a project assignment in City B, does the H1B petition need to be ammended with a new LCA specifing City B as the new work location? Of course, it is a hassle to ammend the H1B petition, everytime the consultant moves to a new city, but is it worth pushing the employer to do it, if it keeps both out of jail?
2) Many H1B consultants that frequently relocate choose a constant state of residence to avoid paying multistate taxes. The preference is to use a friend/relative's address in a tax free state such as TX, FL, etc., or in a state other than the project location to justify drawing some of the compensation as tax free perdiem expenses. After 9/11, US agencies apparently have tools in place to keep a constant tab on temporary visa holders including H1B consultants, and look for inconsistencies in LCA work location, physical address reported on their tax returns, and their "actual" residential location (by monitoring their credit card activity, rental lease, etc). Generally for incorrect tax return filings, US citizens are notified by mail and provided a chance to correct them, but with temporary visa holders like these H1B workers apparently they tied their W-2 information to that in their visa petition and considered the inconsistencies as a national security issue and arrested them immediately.
Does the City/State mentioned on the H1B employee's W-4 form, actual city/state they live in, and the State of LCA work location match at all times?
http://www.uscis.gov/files/article/11arrestedmultivisafraud02feb09.pdf
"In some cases, the foreign workers have allegedly been placed in jobs and locations not previously certified by the Department of Labor, displacing qualified American workers and violating prevailing wage laws. The companies and foreign workers have allegedly submitted false statements and documents in support of their visa petitions. The false statements and documents were mailed or wired to state and federal agencies in support of the visa applications. The companies are suspected of visa fraud, mail fraud, wire fraud, money laundering and conspiracy."
Can someone answer these questions:
1) In this "apparent" fraud case, in addition to the employer being arrested for filing false petition, one of the reasons why the consultant was arrested was because their W-4 form on which the paystub & W-2 is based did not reflect their true work location and residence. The paystubs were provided as supporting documents via mail (causing mail fraud) as part of visa extensions and transfer applications.
If a consultant's H1B petition specifies LCA work location as City A and for that consultant to work on a project assignment in City B, does the H1B petition need to be ammended with a new LCA specifing City B as the new work location? Of course, it is a hassle to ammend the H1B petition, everytime the consultant moves to a new city, but is it worth pushing the employer to do it, if it keeps both out of jail?
2) Many H1B consultants that frequently relocate choose a constant state of residence to avoid paying multistate taxes. The preference is to use a friend/relative's address in a tax free state such as TX, FL, etc., or in a state other than the project location to justify drawing some of the compensation as tax free perdiem expenses. After 9/11, US agencies apparently have tools in place to keep a constant tab on temporary visa holders including H1B consultants, and look for inconsistencies in LCA work location, physical address reported on their tax returns, and their "actual" residential location (by monitoring their credit card activity, rental lease, etc). Generally for incorrect tax return filings, US citizens are notified by mail and provided a chance to correct them, but with temporary visa holders like these H1B workers apparently they tied their W-2 information to that in their visa petition and considered the inconsistencies as a national security issue and arrested them immediately.
Does the City/State mentioned on the H1B employee's W-4 form, actual city/state they live in, and the State of LCA work location match at all times?
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