you are right in this sense...

however, this issue, if there is any, would be noticed by dol, not cis. dol and cis are two different bureaucratic agencies and they probably dont understand each others game rule and they are virtually not willing to. after lc process, everything will be turned in to cis. it is then the cis whom you deal with and most often, she/he would probably fine then. of course, sh/he should talk to company lawyer.
thanks for your correction.