LCA Issue

[kaanam]

My H1B expired on Sep 2nd and I had applied for extension in July. My old LCA was also expiring on Sep 2nd. But my employer applied for a new LCA with the start date as Sep 9th by mistake. So I did not have a valid LCA from Sep 3rd to 8th. So my employer advised me to be on bench where I did not report to the work place. But I was paid salary for the period when I did not have LCA. USCIS raised a RFE questioning my non-immigrant status for the period I did not have LCA. My employer submitted the timesheets showing that I did not work. But USCIS has given a second time RFE again. What document would serve as an ideal proof to USCIS to show that I did not work? Please advise.

[raghvi]

My H1B expired on Sep 2nd and I had applied for extension in July. My old LCA was also expiring on Sep 2nd. But my employer applied for a new LCA with the start date as Sep 9th by mistake. So I did not have a valid LCA from Sep 3rd to 8th. So my employer advised me to be on bench where I did not report to the work place. But I was paid salary for the period when I did not have LCA. USCIS raised a RFE questioning my non-immigrant status for the period I did not have LCA. My employer submitted the timesheets showing that I did not work. But USCIS has given a second time RFE again. What document would serve as an ideal proof to USCIS to show that I did not work? Please advise.

Your company's lawyer would be the best to suggest the way forward after all it was your company's mistake. USCIS might have specifically mentioned in the RFE what they are looking for. Do take an independent lawyer opinion too.

This is my opinion not legal advice.