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H1b Benching When Entered Us

Discussion in 'Consulting company issues' started by Taral06, Aug 10, 2015.

  1. Taral06

    Taral06 New Member

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    Ron,

    I entered in US on Jan 14' 2014. Was on h1b benching for 76 days (because of no project assigned) before receiving the first paystub in April. I joined new employer in April 2015 and the H1b transfer is in process. I have not travelled outside US. How do deal with the out-of-status and what should I do to correct it?

    Thanks.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Wait for the USCIS to act. If they deny you status, just take the approved petition and go to Mexico for about five minutes and return with your current visa and new I-797.
     
  3. raj2893

    raj2893 Junior Member

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    Hi Ron, I have a friend whose employer has not been able to find an assignment/project for him. It has been more than 5 months (he had an L2 or L4-EAD earlier and he was in US when the H1B was filed) since his H1B was approved. He doesn't have a paystub as he has never worked with this employer.

    Question: Can a new employer file a new petition (layman's term H1B transfer) although my friend doesn't have a paystub. I understand 3 paystubs are required at a minimum for filing of new petition.

    I would appreciate your response.

    Thanks,
    Raj
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your friend needs to speak with a knowledgeable immigration lawyer. He is out of status.
     
  5. raj2893

    raj2893 Junior Member

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    Thanks Ron.

    If he had an L2-EAD, then wouldn't his H1B become active after he starts working for the employer?

    Also if a new employer files his H1B, would it create an issue for the employer or my friend (getting rejected)

    I would appreciate your response.

    Thanks,
    raj2893
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Again, he really needs to speak to expert counsel. This is a complex issue.
     

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