H1B employee not immigrated at location mentioned in LCA


moresolve

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Hi,

 

If H1B employee has entered in USA first time and done immigration at other location in USA that means not done immigration at the location which is mentioned in LCA throughout his / her stay in USA. then questions are as below:

 

1. Has employee violated Immigration rules?

 

2. What action can be taken against employee as per rule? Deportation or Fine or Imprisonment ? How much fine ?

 

 

Thanks

 

 

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Your question is confusing. If you mean immigration clearance at POE it can be done at any POE irrespective of location mentioned in LCA. If H1B employee performs work at a location not mentioned in LCA then employee is considered out of status.

  Many thanks..

 

Employee has entered at other POE (Other than LCA location) and was on bench (non productive time).  Employee was searching project (i.e; Resume submissions , interviews with end clients). Employee did not get wages throughout stay in USA. Employer was aware about employee's physical presence in USA and was helping employee to find project, get interviews scheduled etc.. Employee could not get any confirm project.

 

Here I know employee is out of H1B status. But my questions are  ...  If employee file a complaint against employer in DOL then ...

 

1. Has employee violated Immigration rules by not immigrating at location mentioned in LCA and not reporting at employer office? If yes, then what action can be taken against employee as per rule  - Deportation or Fine or Imprisonment ? How much fine ?

 

2. Even after being out of H1B status... Is employee legally eligible to get "unpaid wages" from employer ?

 

Thanks

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Many thanks..

Employee has entered at other POE (Other than LCA location) and was on bench (non productive time). Employee was searching project (i.e; Resume submissions , interviews with end clients). Employee did not get wages throughout stay in USA. Employer was aware about employee's physical presence in USA and was helping employee to find project, get interviews scheduled etc.. Employee could not get any confirm project.

Here I know employee is out of H1B status. But my questions are ... If employee file a complaint against employer in DOL then ...

1. Has employee violated Immigration rules by not immigrating at location mentioned in LCA and not reporting at employer office? If yes, then what action can be taken against employee as per rule - Deportation or Fine or Imprisonment ? How much fine ??

2. Even after being out of H1B status... Is employee legally eligible to get "unpaid wages" from employer ?

Thanks

Looking for a job is employer's work. You need to file a complaint against employer with DOL for not paying you. This will help you to get your pending wages & transfer to another employer.
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Looking for a job is employer's work. You need to file a complaint against employer with DOL for not paying you. This will help you to get your pending wages & transfer to another employer.

Appreciate for simplified answer.

 

My only worry was ... as LCA is legal document and if in DOL investigation it is found that employee did not went to employer's office (address mentioned in LCA) for reporting and hence broke the immigration rules also, then what repercussion employee has to suffer ? DOL may also go into details to investigate what was employee's intentions to stay at other location? .. (Though I know, employee is entitled to get salary and DOL will make employer to pay it to employee).

 

But if employee has serious risk in such scenario like heavy fine or permanent ban to enter in USA then DOL complaint may not be good option.

 

Other thing is "When you say transfer to another employer"... How is this possible if employee is already out of H1B status and lived in USA for more than 180 days and below 365 days ? Though I know DOL will make employer pay all the wages to employee. But isn't it that employee is already ban for 3 years to work in USA in such scenario ?

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Appreciate for simplified answer.

 

My only worry was ... as LCA is legal document and if in DOL investigation it is found that employee did not went to employer's office (address mentioned in LCA) for reporting and hence broke the immigration rules also, then what repercussion employee has to suffer ? DOL may also go into details to investigate what was employee's intentions to stay at other location? .. (Though I know, employee is entitled to get salary and DOL will make employer to pay it to employee).

 

But if employee has serious risk in such scenario like heavy fine or permanent ban to enter in USA then DOL complaint may not be good option.

 

Other thing is "When you say transfer to another employer"... How is this possible if employee is already out of H1B status and lived in USA for more than 180 days and below 365 days ? Though I know DOL will make employer pay all the wages to employee. But isn't it that employee is already ban for 3 years to work in USA in such scenario ?

If you have any email correspondence or documents to back your statement that employer asked you to look for projects or stay away from work site that will strengthen your case. Anyway submit all documents you have to DOL and let them take a call.

 

Technically you are out of status and not unlawfully present in US. So, you are fine.

 

Do check with an attorney.

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