On H1b thro a consultant not working

[Concernedcitizen]

Hi,

My friend has a H1B through a consultant called VSOLVE4U Inc San Jose. She is not working since last 3-4 years. She is just getting a false paycheck from the consultant and filing the same for tax return. Her husband works for CISCO in San Jose. He is on H1b. They have a 1 year old kid.

Isn't it a fraud? How can a consultant provide the false check with out her working? Isn't it unfair for many of the people who aspire to work and don't get H1b? Can any action be taken against such fraud consultants? How to make IRS aware of such situations?Is my friend also considered as fraud here?

Thanks,

[txh1b]

All parties involved are getting into multiple counts of financial, tax and immigration fraud. It will lead to deportation when uncovered.

[orion]

I think it would lead to arrests rather than deportation. They still get to live in US, in jails!

[Concernedcitizen]

How will Immigration office or IRS know about it? Should anyone complain to them? They have been doing it since last 2-3 years and never been caught... Wondering how many such people exists in USA. and how many real talented people who wants to come here and work are still not getting H1b visa. I am just pissed off..

[txh1b]

I think it would lead to arrests rather than deportation. They still get to live in US, in jails!

Deportation follows after the jail time is served.

[txh1b]

How will Immigration office or IRS know about it? Should anyone complain to them? They have been doing it since last 2-3 years and never been caught... Wondering how many such people exists in USA. and how many real talented people who wants to come here and work are still not getting H1b visa. I am just pissed off..

Complaining to ICE or DOL will take care of it.

[visavar]

can i get visa now

I had a similar situation.( my consultant kept me on bench for an year as they couldnt find a suitable job for me). But as soon as I realised it was illegal,I left USA.But if I apply for H1 now how are my chances of getting it. I am currently in Singapore. And can I get visitor visa or H4? Do I need to go to India to get it?
My husband is still in USA, are there any chances of him getting into trouble?

[shervin143]

You were out of status for more than a year. No one can predict what implications it might have on your visa applications now. It will have no impact on your husband as every case is independent.

I had a similar situation.( my consultant kept me on bench for an year as they couldnt find a suitable job for me). But as soon as I realised it was illegal,I left USA.But if I apply for H1 now how are my chances of getting it. I am currently in Singapore. And can I get visitor visa or H4? Do I need to go to India to get it?
My husband is still in USA, are there any chances of him getting into trouble?

[visavar]

Thank you for response. But is there any way they can track my records and see that I was out of status for long time? If yes, what kind of implications can that lead to?

[visavar]

Also my hubby is trying for a greencard, would this affect the GC process? My son was born in USA. Would that affect his stay in US?

[shervin143]

It will not affect your husband's GC process as all documents for GC would be from his side. Your son is an american citizen and he should have no issues. The consulate would know if a person is out of stayus or nit by checking the bank statements or the pauy slips or the W2 for that year. If none of this is asked during your visa interview, then you are all good.