Are these docs needed for H1B Audit

Hi Saurabh,

My employer is asking me to sign on H1B Declaration which says that i havent paid for my H1b processing, where-in that is not true and also is asking to sign on No-dues Settlement doc, but he still has dues to pay me. He is saying he needs these documents for H1B Audit. is it true? Are these docs needed for H1B Audit? Also he is saying if i do not sign on these, he will delay my payroll as long as i delay the sign. If i file FOIA request, will it cause a problem to the company and its employees, will USCIS revoke every employee’s H1B? Please help!!



Yes, USCIS can conduct such an audit and employer may have to show such documents in order to show they are compliant.

I would strongly suggest against signing any such document which is not true. By signing it you will become part of the fraud he is commiting. I don’t know what kind of relationship you have w/ your employer, but you can ask him to refund the filing fees and clear-up the dues and then only sign the document. The downside is that the employer can retaliate and fire you.

If you complain to DOL about back-wages, they will open an inquiry and investigate the claims. I am not sure if someone already complained against them (hence the audit) or were they randomly selected by USCIS for audit.

How does FOIA come into picture here?