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On bench for 7 months

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  • On bench for 7 months

    Dear Friends

    My H1B was approved in 2008-January and I came to US in May-2008.My H1B is valid from 2007-September to 2010-September.Immediately after coming to US within 3 days I applied for H1B transfer to my new employer.. I have been waiting for my H1B transfer approval notice since May-2008.I never worked for my Old employer in US. I got my H1B transfer approval notice for my New employer on November 30th 2008.Now I got a project through my New employer in December-2008 and he is going to start my pay roll from January-2009.

    My problem is that I did not work for any employer during May 2008 to December-2008.
    My question is that this time when I was not on a pay roll will it create any problem for my green card processing or on my employment history? I got my SSN in September-2008 due to some delay in processing from SSN administration. Do I have to fill up W2 form for 2008?

    How should I clear this few months when I did not have any project and I was not on pay roll?

    Any suggestion or advice will be greatly appreciated.
    Shekhar

  • #2
    There is no Bench without pay allowance for H1b employees. It is illegal. You need to be paid from day 1. There is nothing for you to fill W2. You get it if you were paid. You are in for some trouble in the future.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      issue at stamping

      you will have issue at stamping and GC process since you don't have W2 from the company.
      if you consult, you will see that you have to submit all your w2 and tax returns for gc.
      so best luck,

      ajay

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