H1-b holder, got cut, but still get paid, fraud?
Sep 1st 2002, 6:53 am
#1
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Joined: Sep 2002
Posts: 4
H1-b holder, got cut, but still get paid, fraud?
My brother is an H1-b holder. He got cut couple of month ago. I still work for the same company. My boss agree to cut part of my salary to pay for my brother to keep him in payroll. Question: is this legal? or is it considered as an immigration fraud?
Big thanks
Frank
Big thanks
Frank
Sep 1st 2002, 4:15 pm
#2
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Re: H1-b holder, got cut, but still get paid, fraud?
Frankghl wrote:
> My brother is an H1-b holder. He got cut couple of month ago. I still work for
> the same company. My boss agree to cut part of my salary to pay for my brother to
> keep him in payroll. Question: is this legal? or is it considered as an
> immigration fraud?
> Big thanks
> Frank
It certainly could be considered that. Your brother was out of status the day he
stopped performing the duties that he got his H1B for. So, he's been out of status a
couple months. It's nothing to do with his being on payroll.
Similarly for you, you should be being paid what was agreed for the
H1B. Unless you notified the INS and the salary you were cut to is still acceptable
under the LCA, then you could be out of status too!
You should take legal advice, but my lay take on this is that your brother should
depart the US poste haste ... and your employer should correct the pay situation
by correcting the books. The money your brother received might be renegotiated
into a loan ?
> My brother is an H1-b holder. He got cut couple of month ago. I still work for
> the same company. My boss agree to cut part of my salary to pay for my brother to
> keep him in payroll. Question: is this legal? or is it considered as an
> immigration fraud?
> Big thanks
> Frank
It certainly could be considered that. Your brother was out of status the day he
stopped performing the duties that he got his H1B for. So, he's been out of status a
couple months. It's nothing to do with his being on payroll.
Similarly for you, you should be being paid what was agreed for the
H1B. Unless you notified the INS and the salary you were cut to is still acceptable
under the LCA, then you could be out of status too!
You should take legal advice, but my lay take on this is that your brother should
depart the US poste haste ... and your employer should correct the pay situation
by correcting the books. The money your brother received might be renegotiated
into a loan ?
Sep 2nd 2002, 4:23 pm
#3
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Thread Starter
Joined: Sep 2002
Posts: 4
Re: H1-b holder, got cut, but still get paid, fraud?
Thanks Stu.
I should have explained it better. I'm a green card holder so I should not have LCA problem. And My boss has been told that my brother is helping with me on the project to get paid, which is truth. BTW, the project is a working at home project. Taking that, do you still think it is fraud?
Frank
I should have explained it better. I'm a green card holder so I should not have LCA problem. And My boss has been told that my brother is helping with me on the project to get paid, which is truth. BTW, the project is a working at home project. Taking that, do you still think it is fraud?
Frank
Sep 2nd 2002, 11:02 pm
#4
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Re: H1-b holder, got cut, but still get paid, fraud?
Frankghl wrote:
> Thanks Stu.
> I should have explained it better. I'm a green card holder so I should not have LCA
> problem. And My boss has been told that my brother is helping with me on the
> project to get paid, which is truth. BTW, the project is a working at home project.
> Taking that, do you still think it is fraud?
> Frank
Absolutely ... He is not performing the duties for which he acquired the H1B, nor is
he attending the normal place of work defined for the
H1B.
> Thanks Stu.
> I should have explained it better. I'm a green card holder so I should not have LCA
> problem. And My boss has been told that my brother is helping with me on the
> project to get paid, which is truth. BTW, the project is a working at home project.
> Taking that, do you still think it is fraud?
> Frank
Absolutely ... He is not performing the duties for which he acquired the H1B, nor is
he attending the normal place of work defined for the
H1B.
