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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118766
Experience:  20+ Years of Employment Law Experience
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My name is ***** *****. I have a situation. I have a alien

Customer Question

Hello. Good Morning. My name is ***** *****.
JA: Thanks. Can you give me any more details about your issue?
Customer: I have a situation. I have a alien employee and she was working remotely and since sep 15, she didn't work and send the time sheet etc., Now her husband claims that she was still working for us and demands back pay by sending threatening e-mails. The employee doesn't communicate with us, since we sent an e-mail in sept 16 itself informing her that we are going to withdraw her h1b worker's visa. We also found out that when we filed her visa in 2013, she gave us false information in her resume that we submitted for her visa. Can you tell me my options?
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If she is an alien and she has not worked, you need to first inform the husband that she is the employee not him and you do not owe him any response. Tell him that since she never worked and never submitted any time sheets, you do not owe pay. You also need to tell him that you will be reporting the false information she provided to USCIS when you submit the H1b cancellation and you need to do so.
If she did not submit any pay time sheets and you did no work, you owe her nothing. You do have an obligation to file notice to USCIS of the false information she provided. So file the notice to USCIS and if she tries to sue you have the proof she did not work so she was not owed money.