H1-On bench / letter from INS - help needed

G

gautham_mg

Registered Users (C)
Hi All,

one of my friend's relative was on bench for quite some time and he recently got a letter from INS asking him to send documentation on his job (like pay slips, job letter, w2 and other things). He is in the process of getting a new H1. I don't think he could produce all the documents needed.

It might sound silly /stupid but what are his options or what would happen to his H
 
continuation to previous posting

has anyone heard of this kind of questionnaire. are there any options left ?????

Any help is appreciated.. Thanks in advance.....

Gautham...
 
what's next???

My friend's relative was trying to change H1 (change of job). I have told him to contact attorney but he was worried that INS might take the drastic step of deportation.

Is there anyone out there who heard of similar situation?????
 
HI

1>Is yours friend's relative worked for some time then on Bench or from starting he is on bench??
2>Now a days all most everybody knows there is no easy process with INS..Then why he applied for extension with out proper documentation in hand??
It is a basic question from INS for H1extension...

I agree on kmnalluri suggestion..There is no otherway..
 
The purpose of the questionnaire is to satisfy the INS that the petitioner was maintaining proper H-1 status (i.e., working and getting paid as per the petition). If one does not have the right paystubs, the INS may approve the petition but deny the extension/change of status (no I-94 attached to I-797 approval). If thats the case, the petitioner will need to make a trip outside the U.S and come back with a new I-94.

The only caveat is the point from which the INS determines one is out of status - likely governed by when the last paystub was issued or date of entry into H-1 status if no paystub exists. If this is > 6 months, then likely 3/10 year bars to reentry may apply.

Recommend you engage a good lawyer if no paystubs are available or if the person has been on the bench for > 6 months as the situation can get pretty serious.
 
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