Acceptable Bench Period time ?????

[Veeraraghavan]

Hi friends,
  My friend has entered USA through H1 visa during mid of 2000 and worked for six months.
Then switched over to another company and he was in the bench period from jan 2001 to Aug 2001......
Mean while he got one month salary from a consultant company for Sep 2001 and then in bench period for till date.
Presently he has applied for H1 transfer and was in the trouble.
The problem now is:
INS has enquired my friend as follows and asked to submit the documents which contains the reason for:
(1) The reason for very low salary(for the whole year)
Any one who can come across these situation. Please help me out, on how to tackle this situation.I need this before 1st of Feb 2002.
What should I do now ??????
Your valuable reply in this regards is highly appreciated.........
Thanks,
Chalam.

 

[vault]

Your friend is technically out of status

Your friend is out of status. When your friend submitted the pay stub for H1 transfer, INS realised that he was not getting paid or something fishy, and raised the questions.

Technically the company which sponsored his H1-B should have paid him salary whne he was on bench without any projects. It is required by law that the company pays him. Since he was not paid, and was not working, he is out of status.

INS might approve his H1-B, if he gives a valid reason. If INS aproves his H1-B, he has to leave the country and come back with a new H1-B stamp in his passport.

My suggestion is that your friend should retain a good counsel to represent him, and should not take any chances.

remember, 2 orgs you don\'t want to screw around with in this country..

INS and IRS

Good luck!!