H1b fraud by employer by not running the payroll

Hi All,

Need ur helpin sorting this out. I have a friend who is on H1 visa for close to 1 yr and recently got extention for 5 yrs. Unfortunately heard a bad news few days ago that his consultancy based employer cheating onhim by not running his payroll eventhough he is officially working and getting paid on regular basis with a what it seems like a falsified paycheck. Technically the consultancy employer seems more greedy and the taxes were not withholded as he is not running the payroll. This he came to know when he is trying to file the taxes for 2013 in last month.

Few days ago he heard the bad news from immigraton that his H1 is revoked. He is in a shock now and dont know what to do? Its seems apparent that this is all because of the greedy employer.

What he should do now? Suggest any immigration attorney to file a case againest the consultancy employer? What are the chances of winning and how long does it takes usually?

Did anyone come across this situation anytime?

Any kind of help is greatly appreciated.


I cannot give you any legal advice but i can refer you a very good website which helped me a lot when I had issues with my company by giving me free advice and direction from professional Attorneys.

Over here you can find many attorney;s based on your location. Check it out.


I hope this helps & good luck.

Hi Ashok,

Do visit the website Pankaj suggested and see if your friend can get help. Please note that by not filing quarterly Federal taxes, your friend’s employer committed a tax violation, not immigration fraud. Your friend in any case is not liable and the H-1B revocation can be argued against, he is not at fault in this matter. Also, since money was taken out of paycheck (I assume this is so) but it was not paid to IRS from your friend’s paycheck, he needs that money to pay IRS and correct the record. Have your friend talk to the employer, discuss facts. Do not fight, just discuss options.

All the best

Dr. Sandeep Shankar, Colorado Heights University, Denver, CO 80223, USA. www.chu.edu; sshankar@chu.edu