H1B and being on bench

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resident1374

Registered Users (C)
Person 'Joe' joined company XYZ and has been with them for 5.5 years. XYZ sponsored his H1-B.

Company XYZ also sponsored 'Joe' GC. Is it okay for Joe to be on bench for few months and not get paid? Well, this is before filing the labor.

After filing the labor the 'Joe' has been on bench for couple of months but was paid during the time. The employee and employer has a sound relationship.

'Joe' has cleared his labor (not Perm) and I140 (without RFEs)

I-485 - what kind of check does this entail, besides medical and criminal background check?
 
resident1374 said:
Person 'Joe' joined company XYZ and has been with them for 5.5 years. XYZ sponsored his H1-B.

Company XYZ also sponsored 'Joe' GC. Is it okay for Joe to be on bench for few months and not get paid? Well, this is before filing the labor.
----------------------------- did joe go out of US after being on Bench? when was on bench provide month or year? when did you last time enter US and got latest I-94?
After filing the labor the 'Joe' has been on bench for couple of months but was paid during the time.
--------------------that is ok if was paid
The employee and employer has a sound relationship.

'Joe' has cleared his labor (not Perm) and I140 (without RFEs)

I-485 - what kind of check does this entail, besides medical and criminal background check?
Click to expand...

did you file I-485?
 
This is for a friend of mine - she did file her I485 this July. Her total bench preiod has been 9 months (not paid). I told her if there was a problem - she would have faced it during his I140 filing i.e. employer's ability to pay. This was during the months of 2002 & 2003, but she did go out of the country (via air) for few days in 2004.

Well, I am no lawyer and people on this forum has more knowledge than me :)
 
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resident1374 said:
This is for a friend of mine - she did file her I485 this July. Her total bench preiod has been 9 months (not paid). I told her if there was a problem - she would have faced it during his I140 filing i.e. employer's ability to pay. This was during the months of 2002 & 2003, but she did go out of the country (via air) for few days in 2004.

Well, I am no lawyer and people on this forum has more knowledge than me :)
Click to expand...

if she was on bench 2002 & 2003 and later go out of US in 2004 and got I-94 and filed I-485 in 2007 she is OK
 
Thanks a lot for your response!

Yeah, she did go out in Oct 2004 and her bench period was before that year. Her labor was filed in Aug 2004 and she has been steady after that. During her I140 she showed tax returns, W2 etc for the year 2004, 2005 and 2006 and she was fine.
 
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