I was benched on H1b 10 years back by previous employer. Will it impact stamping?

ankit97

ankit97

New Member
Dear Rajeev Sir,
I came to the USA on H1b through a consultancy company with their client which & the joining got delayed as the project got on hold. I was able to find another job after 3 months & my sponsoring employer did not generate payroll till I got this job & also gave me an offer letter of the date of joining their new client project.

Now, after 4 years, I traveled to my home country & also for H1b stamping & in DS 160 forms, I mentioned the employment start date in "Work History" to the date when I actually got the project i.e after 3 months of arriving in the USA. That showed a gap of 3 months of employment in visa form & because of this thing, my visa stamping was put on hold to check about this gap. After a few months, employer decided to withdrew H1b with the fear that the consulate might revoke the visa for not generating the payroll & asked me to transfer with any other firm & come back.

Will I face any issues with H1b stamping proven that USCIS is not aware of this gap as all of my extensions/amendments and I-140 got approved with the same employer?

Thanks for helping
 
It's possible you might face some questions or scrutiny during your next H1B stamping due to the 3-month employment gap, but USCIS approvals for extensions/amendments and I-140 can be positive indicators. Here's a breakdown:
Potential Issues and Considerations:
  • Visa Officer Scrutiny: The visa officer might inquire about the 3-month gap, especially considering your previous employer withdrew the petition fearing a potential visa revocation. Be prepared to explain the situation truthfully and clearly.
  • Documentation: Having documentation to support your explanation would be helpful. This could include:
    • Offer letter with the original joining date from the consultancy company.
    • Proof of any attempts to find a job during that period (e.g., job applications, emails).
    • Documentation showing your start date with the second employer you found.
Positive Points:
  • USCIS Approvals: The fact that your extensions, amendments, and I-140 were previously approved by USCIS with the same employer is a positive sign. It indicates a history of legitimate employment with that employer.
  • No Current Payroll Issue: As long as your current employer is actively sponsoring you and generating payroll, it strengthens your case.
Recommendations:
  • Consult an Immigration Attorney: An attorney can provide specific guidance based on your situation and review your documents. They can also help you prepare for potential questions at the visa interview.
  • Prepare a Clear Explanation: Be ready to explain the 3-month gap truthfully and concisely.
Overall:
While there's a chance of additional scrutiny, the previous USCIS approvals and having proper documentation can work in your favor. Consulting an immigration attorney is highly recommended for the most accurate advice tailored to your specific situation.
 
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