Lying on a DOL complaint form : Will it create legal issues?

[minimalist]

Folks , don't flame me because this is a friend of friend info. This person came into USA in around Dec2009, without informing the petitioning employer.He found a job in last few days and approached the employer.His employer is asking him to leave the country and saying he would revoke h1.
This guy wants to report to DOL and get back pay but he will have to misrepresent some information to make his case. If he tells DOL that I came and never informed the employer I am doubting DOL will side with employer. I was advising my friend that a bigger concern is if he lies to make his case and that lie is found out he may be in bigger trouble for lying on official form and supplying false info to a govt official.A am advising that the best would be to either get the matter resolved by negotiation and if the employer doesn't budge, leave the country.
Can some one comment if my doubts are unjustified?

Part II: Will this friend be in trouble ,if he helps the guy with lying and the follow-up process.

Please share your opinion.
Please note: I 100% support reporting violating employers to DOL.

[IfYouSeekAmy]

Answer is obvious. Tell your "friend of friend" ;) never to lie on immigration forms.

I don't get his case any way. How is going to cliam back pay if he never worked for this employer?


Folks , don't flame me because this is a friend of friend info. This person came into USA in around Dec2009, without informing the petitioning employer.He found a job in last few days and approached the employer.His employer is asking him to leave the country and saying he would revoke h1.
This guy wants to report to DOL and get back pay but he will have to misrepresent some information to make his case. If he tells DOL that I came and never informed the employer I am doubting DOL will side with employer. I was advising my friend that a bigger concern is if he lies to make his case and that lie is found out he may be in bigger trouble for lying on official form and supplying false info to a govt official.A am advising that the best would be to either get the matter resolved by negotiation and if the employer doesn't budge, leave the country.
Can some one comment if my doubts are unjustified?

Part II: Will this friend be in trouble ,if he helps the guy with lying and the follow-up process.

Please share your opinion.
Please note: I 100% support reporting violating employers to DOL.

[minimalist]

Answer is obvious. Tell your "friend of friend" ;) never to lie on immigration forms.

I don't get his case any way. How is going to cliam back pay if he never worked for this employer?
He researched a lot of forums and consulted a few contingency lawyers and gathered correctly that Employer is ultimately responsible for Employee.
However there is a wrinkle to his situation.He stayed with friends/relatives. Employer is not notified. I am not sure if the lawyers he spoke to understand this or not.
The only possible way to make a case out of it is by saying that the employer has been notified.
He is already in trouble. I think he may get into bigger trouble by misrepresenting. As he is desperate he may not be thinking it thoroughly. May be I am over thinking it but just wanted to see what others think.
I noticed your italics. If you mean to say it is probaly classic my problem beng stated as friend's problem, I am here since 2001 and am using EAD for past 1.5 years.

I am hoping desi3993 or some one who speak very authoritatively on similar issues would respond.

[kumar1]

Your friend is an idiot -

1. By just coming to the US, one does not gain employment.
2. He does not have any reporting date/time in writing.
3. He does not have any proof that he contacted his employer.
4. Employee/Employer relationship was never there to begin with.
5. Last, he delivered nothing to his employer that could be termed as "work".

Suggest your friend to go back to the home country and find a job. I think that is the best approach for all the parties.


He researched a lot of forums and consulted a few contingency lawyers and gathered correctly that Employer is ultimately responsible for Employee.
However there is a wrinkle to his situation.He stayed with friends/relatives. Employer is not notified. I am not sure if the lawyers he spoke to understand this or not.
The only possible way to make a case out of it is by saying that the employer has been notified.
He is already in trouble. I think he may get into bigger trouble by misrepresenting. As he is desperate he may not be thinking it thoroughly. May be I am over thinking it but just wanted to see what others think.
I noticed your italics. If you mean to say it is probaly classic my problem beng stated as friend's problem, I am here since 2001 and am using EAD for past 1.5 years.

I am hoping desi3993 or some one who speak very authoritatively on similar issues would respond.

[snathan]

Folks , don't flame me because this is a friend of friend info. This person came into USA in around Dec2009, without informing the petitioning employer.He found a job in last few days and approached the employer.His employer is asking him to leave the country and saying he would revoke h1.
This guy wants to report to DOL and get back pay but he will have to misrepresent some information to make his case. If he tells DOL that I came and never informed the employer I am doubting DOL will side with employer. I was advising my friend that a bigger concern is if he lies to make his case and that lie is found out he may be in bigger trouble for lying on official form and supplying false info to a govt official.A am advising that the best would be to either get the matter resolved by negotiation and if the employer doesn't budge, leave the country.
Can some one comment if my doubts are unjustified?

Part II: Will this friend be in trouble ,if he helps the guy with lying and the follow-up process.

Please share your opinion.
Please note: I 100% support reporting violating employers to DOL.

Since you friend never reported to work or notify the employer...the employer is not liable. Your friend will never get any claim. Worst case the DOL will investigate and rule in favour of the employer. You friend is nothing more than a greedy half baked Idiot.

[immigrant-in-law]

..and tell him that what he plans to do is not only idiotic but illegal. If entering this country by misusing the H1 visa stamp was not enough he now wants back pay without having worked a day...how outrageous can things get!!

[frostrated]

your friend has no claim whatsoever against the employer. As others have suggested, he does not have an employee-employer relationship. one of the first things you do when you land here is inform your employer and file for an SSN.
by coming into the country and staying without working on a H1 visa is as good as illegal stay and will be counted as such.
any false representation against the employer will involve not only DoL, but also USCIS. And one of the outcomes would be debarrment from entering the country. The de-bar would depend on the immigration judge, who in situations like this may give a permanent entry bar for your friend. in such case, he can never enter the country again in any kind of visa.

[ivar]

Lying is bad and i wonder how can OP ask opinions of people on this forum for lying (or best way of lying). You are providing a thread for people frustrated by visa delays as a punching bag and you have to take it.. forget about opinions all you will get is angry comments.. you asked for it.

[minimalist]

Lying is bad and i wonder how can OP ask opinions of people on this forum for lying (or best way of lying). You are providing a thread for people frustrated by visa delays as a punching bag and you have to take it.. forget about opinions all you will get is angry comments.. you asked for it.

I am not supporting lying. I am advising against it.
The response from the guy and the friend who is helping him to my advice is that it's no big deal. It made me think that may be I am overreacting. I am telling my friend, if you help the guy in the lie, you may also face issue if he gets caught and the employer comes after you. They are thinking I am needlessly scaring them. Just thought I would seek opinion.
I have been wrong so many times before on numerous things, I am thinking may be I am wrong in this as well.
If someone misunderstands my position and flames me, I don't blame them.

[jayleno]

My friend, high time you got new set of friends of friends.

There is no need to debate about this or even seek opinion. Just using common sense is enough. I would like to assure you that you are not wrong this time. Next time don't be so unsure of yourself.

By the way if you are thinking about porting to EB2. Go ahead. Don't ask other people. Free advice. I'm one of your new friend of a friends friend.

I am not supporting lying. I am advising against it.
The response from the guy and the friend who is helping him to my advice is that it's no big deal. It made me think that may be I am overreacting. I am telling my friend, if you help the guy in the lie, you may also face issue if he gets caught and the employer comes after you. They are thinking I am needlessly scaring them. Just thought I would seek opinion.
I have been wrong so many times before on numerous things, I am thinking may be I am wrong in this as well.
If someone misunderstands my position and flames me, I don't blame them.

[kumar1]

I just realized that with such a great talent, your friend's friend can file for EB-1 category green card. Once he has a green card, not only he can sue his H-1B sponsor but he can sue anyone in American. That would be really good this him.

Ask him to call me on 1800-dumb-ass and I will explain him the next steps in detail.

[gcwait2007]

Folks , don't flame me because this is a friend of friend info. This person came into USA in around Dec2009, without informing the petitioning employer.He found a job in last few days and approached the employer.His employer is asking him to leave the country and saying he would revoke h1.
This guy wants to report to DOL and get back pay but he will have to misrepresent some information to make his case. If he tells DOL that I came and never informed the employer I am doubting DOL will side with employer. I was advising my friend that a bigger concern is if he lies to make his case and that lie is found out he may be in bigger trouble for lying on official form and supplying false info to a govt official.A am advising that the best would be to either get the matter resolved by negotiation and if the employer doesn't budge, leave the country.
Can some one comment if my doubts are unjustified?

Part II: Will this friend be in trouble ,if he helps the guy with lying and the follow-up process.

Please share your opinion.
Please note: I 100% support reporting violating employers to DOL.

Your friend's friend and your friend are on the wrong side. If your friend's friend is proved to be lying, DOL can black-list him forever. Your friend will also be in trouble from DOL / USCIS if he is providing any supporting documentation for lying.

Your advice to him that "the best would be to either get the matter resolved by negotiation and if the employer doesn't budge, leave the country" is correct and the way to go.

[desi3933]

........

I am hoping desi3993 or some one who speak very authoritatively on similar issues would respond.


Ask your friend's friend -
1. Did he get updated employment offer before coming to USA?
2. Did his H-1B employer book his ticket or advised him to come to USA?
3. What did he specify at Port of Entry as purpose of visit?
4. Did he report for work? Is he maintaining any proof that he is working for the employer?
5. Did he ask for his salary (by email or postal letter)?
6. Does your friend know that willful misrepresentation could result in his deportation and ban on future admissions?
7. What will he do, say, for example, if his H-1B sponsor counter-sues him for cheating and fraud?

....
The response from the guy and the friend who is helping him to my advice is that it's no big deal. ....

Willful Misrepresentation (aka lying) is a BIG deal. Your friend's friend should seek professional legal advice and try to limit damage already caused by his actions.



__________________
Not a legal advice.

[minimalist]

Thanks desi3933. I was hoping that you would respond because you give the response based on corresponding laws, not on emotions/wishful thinking/moral judgements/many other things that cloud judgement.
Also all responses to this have been very balanced and I appreciate it and thank every one for that.

[abhishek101]

As per my understanding your friend's stay here in US is illegal and whenever he is caught he will be deported. The H1b is valid for an Employer and only for that employer with no concept of bench or anything else.

If the Employer hires you on H1b from a foreign country he is following the law if he is not calling you to the country till he or she has the open position. By coming to USA on own your frined has broken the law lying while entering the country. Every day he is here he is accumulating the 180 day illegal stay in US, this will create a problem once he changes his H1b or goes out of the country because he will not be allowed back.

So tell your friend to pack the bags and leave ASAP, any case he dose in any form will result in his deportation.

[dealsnet]

First thing for an employee to start working is filling the I-9 form.
For that he need SSN and other info.
If he didn't give I-9 to employer, he cannot claim for the salary.
He is illegal in this country right now. If he is more than 180 days, he is liable for 10 year ban/blacklist.

[number30]

First thing for an employee to start working is filling the I-9 form.
For that he need SSN and other info.
If he didn't give I-9 to employer, he cannot claim for the salary.
He is illegal in this country right now. If he is more than 180 days, he is liable for 10 year ban/blacklist.

I-9 form is kind of document that is never sent to USCIS. So you can argue about submiting the form.
Did employer ever revoke the H1?

[vinzak]

You're friend's friend's plan is so outrageous it just might work. He can turn a federal witness against the employer and get a green card before all us suckers waiting patiently in line. This kid will do very well in this country if he manages to stay.