485 Filed. An issue bugging me, Please Help.

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help4485

New Member
I filed my 485 few days back. I have a question for this forum

When I first came to US on H1, the job market in US was pathetic and I was on bench without pay for more than 6months. Fortunately, after changing couple of my employers I was able to start working and was never on bench in last 5years. I have Pay stubs, W2's and tax returns for last 5 years. My question is does the period I was on bench without pay 5 years back would cause any issues with 485 processes?

Please Help.
 
help4485 said:
I filed my 485 few days back. I have a question for this forum

When I first came to US on H1, the job market in US was pathetic and I was on bench without pay for more than 6months. Fortunately, after changing couple of my employers I was able to start working and was never on bench in last 5years. I have Pay stubs, W2's and tax returns for last 5 years. My question is does the period I was on bench without pay 5 years back would cause any issues with 485 processes?

Please Help.
Click to expand...

If you have gone out and entered US again (after BENCH/ Table matter) then no need to worry
 
Thanks Ginnu

Thanks Ginnu, though I dint go out of country at the time I was on bench, I actually left when I was working, and in last 5 yeays I left the country for two times. Should that be OK ? Thanks again for your help.
 
help4485 said:
Thanks Ginnu, though I dint go out of country at the time I was on bench, I actually left when I was working, and in last 5 yeays I left the country for two times. Should that be OK ? Thanks again for your help.
Click to expand...

that is OK
 
You will be fine.

Even I was on bench with no pay checks for few months when I came to this country initially. It is very common for consultants who comes on H1.
 
I am in similar situation and here are my details -

Came US on 7/98 with Company X
On bench with Company X (never got pay for them)
Join Company Y (start date is 10/98)
Company Y H1 Visa approved on 10/98 (I don't have copy of I-129 form to know the start date they put on that form)
I never work for any client for Company X between 7/98 till 10/98 nor received any pay during that period (not sure how Company Y get H1B approval at that time)
Visit Inida in 09/99 after started working for Company Y and couple of time after that.

My I140 and 485 is still in process. Am I in trouble? USCIS will consider I was out of status between 7/98 to 10/98 (I was on valid H1B visa during this period on Company X H1 visa)?

I have not show Company X in my resume or also not mentioned in Labor Certification. First job in Labor Certification approval is 10/98 with Comapny Y. No reference of Company X in any paper work other than I have to send copy of I-797 from day one for I140/I485 and passport do have reference of Comapny X. Not sure how this will impact my I140 or I485 petition.
 
you are also ok. Any out of status is wiped clean from the 485 point of view once you leave and re-enter the US. Anything less than 180 days (which was your case) is not subject to re-entry bar etc also, so you should be safe.
 
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