Out of status issues

[madhav_s]

Hello,

I'm a regular visitor to this site. This is great site !

I've a few questions:

1) There have been so many Out of status cases (by reading in this website). Does USCIS know about these cases ?

2) What action does USCIS take ones they find a person "Out of status" ?

3) I've seen that most employers are at fault when an employee gains Out of stautus tag. The reasons are for employees to suffer are:

a) Unknowingly giving a copy of I94 for filing new HI and doing a COS.
b) Not having proper knowledge about Visa / Immigration
c) Getting into false promises of employers who say good billing rate, medical insurance, guest houses, good projects etc.
d) Not paying on bench and employees accept it blindly or they are forced to accept because employers threaten, they cancel H1, run false paystubs etc
e) Paying for H1

So, if the immigration laws are stringent and everybody has to abide the law, why USCIS / DOL does not take proper action against these crook employers ?

4) Why do employees fear complaining against employers

5) On being out of status for a brief period, what type of problems will a person face if they file for GC ? Can they eventually get GC ?

Thanks.

[hikes]

Thanks , Mashav_S.
Good observation. !!!

Could someone answer the questions and share experiences ?

[txh1b]

1.USCIS is well aware of the H1b fraud. I posted a link about the statistics they have. They act if they receive a complaint. USCIS does not enforce the immigration law. ICE does. Employees should complain to DOL of any violation and they investigate and inform USCIS too.
2. Could report to ICE to enforce deportation.
3. If only employees that claim to have " a degree" knew how to complain, stand up for their rights and write a letter in english can DOL/ICE act. It is all about evidence. No person is guilty until proven so.
4. They just think the employer has done them a favor by sponsoring their H1b. They are also scared of losing their status if they cancel the H1b. But that is also illegal. No employer can fire a person if they complained to DOL. Neufield memo (http://www.uscis.gov/files/nativedoc...21_30May08.pdf) has allowed people that bring forth valid complaints to transfer to new employers to curb H1b fraud and scam employers.
5. A whole lot of mess. Depends on the IO. The violations, if determined to be proven by lower W2s, paystubs could prove to be dis*****us.

[hikes]

Thanks, TxH1B.
This is a great piece of information.
I hope most of the people have read this and are aware of the issues that visa holders face.

[ramabalaji]

I would like to suggest the H1B employees to post thier queries ONLY after reading what txh1b has posted. He has answered all sort of queries and some time if repeated queries are asked on the subject where answers are already available, he is frustrated.
Folks, please read his postings before placing your query here.
Thanks.