In a big trouble. Pl help

F

felix821

Registered Users (C)
My I-485 has reached Nebrasak on August 1st.
Now my company has an issue. One of my company's ex-employee
who got his green card went to INS and complained that he has paid
for his H1B.

Now DOL has started investigation which happens this week,

Will this create any problem in my I-485 application.

Thanks in advance.
 
Will they not revoke I-140 if my company is found guilty.

Moreover my employer wants to sign an agreement which says indirectly that
they spent all visa expenses where I have paid all the expenses. They want to sign it before tomorrow as DOL officials will come to my employer's office on Sept 6 for investigation.

Is it safe to sign ?
 
I'm no lawyer, nor am I an immigration expert, but I would definitely NOT sign something that you know to be untrue. Especially now when you know the officials are coming tomorrow. I would refuse to sign. Sounds like you need your own lawyer too.

I'd also explain to the DOL officials what you've done but let them know the employer told you it was the way things are done (if that's true). If you acted innocently and they told you it was the law, then hopefully you would have less to fear than if you start lying now.
 
I am working on percentage basis like 80:20.
So what company says is whatever expenses I met is from
my share 80 percent and they are going to tell this to DOL when
they have inspection this week.

Does it look like legal ?
 
It won't hurt to talk to an attorney. It is worth every penny.
Talk to someone, whom you can hire if required to represent yourself.


felix821 said:
I am working on percentage basis like 80:20.
So what company says is whatever expenses I met is from
my share 80 percent and they are going to tell this to DOL when
they have inspection this week.

Does it look like legal ?
Click to expand...
 
felix821 said:
I am working on percentage basis like 80:20.
So what company says is whatever expenses I met is from
my share 80 percent and they are going to tell this to DOL when
they have inspection this week.

Does it look like legal ?
Click to expand...

Be honest. The 80:20 is on your pay scale but not on expenditure. Have you made any 80:20 expenditure deal? You probably have the amount deducted in your paystub Vs the expenditure. If something looks fishy, contact employement attorney, they have first consultation free.

I would say not to agree for signing.
 
"One of my company's ex-employee
who got his green card went to INS and complained that he has paid
for his H1B."

That ex-employee is a moron.


Sorry, I know this wont help your current situation, but I got to get this out of my mind.
 
If your employer simply didn't pay for the H1 application fees, but didn't commit any fraud, I don't see any reason their I-140's would be revoked. They may be fined or restricted for hiring more H1 workers, but your I-185 should be fine because it is your own petition.

However, if your employer has more to hide, and is actually trying to fool the government but gets caught, it is far more serious than not paying the H1 fees. DOL will easily find out who paid what, from USCIS records and your company's finances. Based on what you described, asking you to sign a declaration and all, they may be a little shaky right now.

You should be very cautious and only sign it if you are 100% sure everything on that piece of paper is true. I'm not familiar with 80/20 stuff, so hopefully everything is fine.
 
I think the general consensus among many employers is that they should pay for H1B. They usually take that into account when forming the remuneration package either salary or a percentage basis. I think your employer is more greedier than the avg. I would not sign any false statements about H1B fees (including legal).

Wish you good luck.
 
My advice to the OP is not to sign anything that he knows is not 100% true.
And to use AC21 and change companies ASAP to avoid future problems with current company's employment practices.

General question to eveybody:
If DOL determines that the company is doing fraud by having the employees pay for the H1 expenses etc, will they revoke the previously approved petitions?

Could this result in the person who complained to DOL to lose his GC approval?

[vent]
It is pretty sad to see someone complain after they got their GC. If they had the courage, they should have complained upfront, Not after going thru the employer's demands to get their GC. I think it shows that the complainant's intent was wrong too. And DOL should look at it and revoke his/her approval.
[end of vent.]
 
My 2 cents

employer and employee can do a agreement on back dated saying that Employer will reimurse the total cost that employee paid for H1B and green card upon approval. So it means company will pay whole amount when GC is approved.
 
Hi The7zen,

Did your I-485 go after the complaint reached DOL ?.
If so, what was your experience. Can you share ?

Thanks
 
felix821 said:
Hi The7zen,

Did your I-485 go after the complaint reached DOL ?.
If so, what was your experience. Can you share ?

Thanks
Click to expand...

Sorry, I guess my post was misleading...I just quoted what you said and just voiced how i felt about that employee who went and complained. I am not in that situation.
 
my attorney says

This is a DOL audit, not an USCIS fishing trip. The DOL just wants to make sure that employees are paid overtime, travel time, and so on. The DOL is not concerned with immigration status and rarely even looks at I-9 forms.
 
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