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L-1 Visa: Lied on Resume = I-797 Petition Approved!

L-1 Visa: Lied on Resume = I-797 Petition Approved!

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Old Aug 22nd 2007, 9:46 pm
  #1  
Suryabhan007
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Default L-1 Visa: Lied on Resume = I-797 Petition Approved!

Hello everybody,

The company where I'm currently working in Europe has recently hired
someone to be sent to our U.S. Office and then filed an I-129 asking
for approval for a L-1 visa. The problem is that they've just hired
the guy, so he doesn't meet the requirement of being employed for one
of the last three years by the foreign company. However, in order to
get the petition approved, our lawyers advised him to write on the
Curriculum Vitae that he has been working for us for more than one
year. He did that and the petition was approved! He already got an
I-797 and is now scheduling a visa interview at the consulate!

Question: Do you think he can pull it off like that? Is it that easy
to cheat the USCIS and get a L-1 visa?

If by any chance his visa will be denied, I'm the next in line to
go... so I'm kind of crossing my fingers hoping that anything goes
wrong


Thanks!

Suryabhan.
 
Old Aug 23rd 2007, 2:36 am
  #2  
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Default Re: L-1 Visa: Lied on Resume = I-797 Petition Approved!

Originally Posted by Suryabhan007
If by any chance his visa will be denied, I'm the next in line to
go... so I'm kind of crossing my fingers hoping that anything goes
Hopefully you aren't planning on lying as well. Huge no-no. I can't believe a lawyer would ADVISE that. Highly unethical.

Rene
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Old Aug 23rd 2007, 3:19 am
  #3  
Ray
 
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Default Re: L-1 Visa: Lied on Resume = I-797 Petition Approved!

And its filed in the Company name ..so its the Company that is committing the fraud ..
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Old Aug 23rd 2007, 9:07 am
  #4  
Suryabhan007
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Default Re: L-1 Visa: Lied on Resume = I-797 Petition Approved!

On Aug 23, 4:19 am, Ray <[email protected]> wrote:
> > Hopefully you aren't planning on lying as well. Huge no-no. I can't
> > believe a lawyer would ADVISE that. Highly unethical.
>
> > Rene
>
> And its filed in the Company name ..so its the Company that is
> committing the fraud ..
>
> --
> Posted viahttp://britishexpats.com

No, I'm not planning on lying... I've been working for the foreign
company for more than 7 years and I meet all the requirements for a
L-1A visa. But I'll only have a chance if the US Consulate denies the
L-1 visa to the guy who lied on his resume. My company thought it
would be too difficult to find someone to replace me at the
headquarter so they preferred to hire someone new to send to the US
(!).

But now that his I-797 petition was approved, it looks like they'll be
able to cheat the immigration authorities and get the visa. He'll have
his interview in September and from what I've heard from other people
with a L-1, once you have the I-797 they ask you only simple questions
at the interview and don't ask for salary receipts or anything else
that could really prove for how long he's been employed by the foreign
company. Is it true?

And I wonder what will happen if they discover the fraud. Would they
penalize the company for it or just deny the visa?


Suryabhan.
 
Old Aug 23rd 2007, 11:12 pm
  #5  
J. J. Farrell
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Default Re: L-1 Visa: Lied on Resume = I-797 Petition Approved!

On Aug 23, 10:07 am, Suryabhan007 <[email protected]> wrote:
> On Aug 23, 4:19 am, Ray <[email protected]> wrote:
>
> > > Hopefully you aren't planning on lying as well. Huge no-no. I can't
> > > believe a lawyer would ADVISE that. Highly unethical.
>
> > > Rene
>
> > And its filed in the Company name ..so its the Company that is
> > committing the fraud ..
>
> No, I'm not planning on lying... I've been working for the foreign
> company for more than 7 years and I meet all the requirements for a
> L-1A visa. But I'll only have a chance if the US Consulate denies the
> L-1 visa to the guy who lied on his resume. My company thought it
> would be too difficult to find someone to replace me at the
> headquarter so they preferred to hire someone new to send to the US
> (!).
>
> But now that his I-797 petition was approved, it looks like they'll be
> able to cheat the immigration authorities and get the visa. He'll have
> his interview in September and from what I've heard from other people
> with a L-1, once you have the I-797 they ask you only simple questions
> at the interview and don't ask for salary receipts or anything else
> that could really prove for how long he's been employed by the foreign
> company. Is it true?
>
> And I wonder what will happen if they discover the fraud. Would they
> penalize the company for it or just deny the visa?

They would deny the visa, the applicant could end up banned from
entering the USA for life, and subsequent applications by that company
would be checked incredibly thoroughly at least - I don't know whether
they would simply refuse to accept subsequent applications from that
company or prosecute them for immigration fraud, but either or both of
these sanctions would be perfectly reasonable.
 

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