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About buddhu

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  1. X was indicted of 20 counts of alleged H1-B visa fraud under 18 USC 1546(a) in 2016 by federal government for offenses committed in 2011, when the government claimed that "X misrepresented that jobs existed" for X's employees in US companies, when he petitioned for those jobs with USCIS. However in 2018, before the trial, government found out that all 20 employees had jobs in US companies and worked in US companies. Now the government wants to try the same 20 counts for "bench and switch" scheme, which they consider fraud too, and it may have a legal basis. My Question: Can the government try the same 20 counts for "bench and switch" fraud under "X misrepresented that jobs existed" ( i.e. the original charge) ? Or does the government has to file new charges for "bench and switch" . In other words "X misrepresented that jobs existed" and "bench and switch" treated as two different crimes or are they part of original crime, as per original indictment. If they are separate crimes, X will benefit since the government will not be able to charge X for "bench and switch" in 2018, as the statute of limitations would have expired. Pls advise.
  2. According to the Department of Labor's Administrative Review Board, the statute of limitations on a benching violation claim is one year after a termination takes place, not one year after the first verifiable benching incident. Can you let me know the exact authority or internal note or fact sheet publication of DOL or Federal or California statute or any other authority that confirms the above statute of limitations ? Regards
  3. My mother has a green card. She doesn't want to be a US citizen. But she wants to maintain her green card. In order to do so she lives in US for more than 180 days every year. So far so good. The problem is this time around she has some important work in India. So she will not be able to come back to US within 180 days. She left for India on 31st March 2013 and is currently in India. What can I do in the US, so that she doesn't default on her green card? I am told that if she stays more than 180 days in India she will have issue at the port of entry in US when she comes back.