Legal or Illegal ?

[clear485]

Hi,

Is it true, if we maintain status since last entry to US, then everything will be alright at I-485 stage(i.e status of the candidate is OK ?).

I believe so, becaz there is no where we mentioned in I-485 application when and where we first entered into US and its details.

Even if someone stays since they first entered and on bench for 6 to 8 months, how Service center knows that the person is on bench ?

Also I believe in US, 90% S/W guys on bench atleast a couple of months... am I right ? If so, how they are good at status (i.e their confidence level). ofcourse I am one of them.....

Could anyone clarify this, Plz....

 

[however!]

I dont know the answer, but I believe we submit demographic information along with our application.

 

[blinkingstar]

what is bench, In Corporate there is no concepts of bench, and nobody recognize it. ya definitely it's people terminology. so you need to redefine you question.

 

[peace_of_mind]

While submitting I-485, we mention all the I-94 numbers and date of entries and port of entries on a separate form..., I do not remember the form number/name. Mostly used with biometrics...
Being on bench and legal or illegal status..., is difficult to be determined..., unless otherwise the canditate applies for a transfer of H1 or Ext of H1 and not able to produce copies of Paystubs...,

 

[Brij523]

I think you are legal as long as you are on the payroll of a company. So if you are on a company payroll and not getting pay, your status doesn't change.
And I think most of the people may have gone through situation like above.

 

[clear485]

peace of mind,

I am not sure that we entered past I-94 and it's related stuff like poe and dates....

do anyone remember this ?

 

[jambalakadi]

While applying for I-485 , my attorney asked for copy of current I-94 and copies of any old I-94's if any. And all the Entry and Exit dates and info.

If you are on bench for 6 month then there wont be any problem because you are still on H1-b and working for the same employer and employer did not cancelled your H1-B and your I-94 is valid. But there could be a problem while adjudicating I-485, if the immigration officer asks for last 2 years of paystubs, W-2's. Around 4 of my friends were asked to provide this information. So we need to make sure somehow that at the time of your I-485 adjudication , we dont have >6+ months bench period in last 2 years to decrease the risk.

 

[amcom]

Jambalakadi Are you sure your frinds were asked 2yrs of paystubs or just W2s of 2 yrs.
did your friends have all 24 paystubs.

I personally find it hard to believe that INS may ask this kind of stuff; W2s are more then enough to justify your income.

 

[TheRealCanadian]

So if you are on a company payroll and not getting pay, your status doesn't change.

Absolutely NOT. H-1, L-1 and TN status is predicated on being paid - and especially H-1. If you are not being paid and not working, you are not maintaining valid H-1 status.

And I think most of the people may have gone through situation like above.

I only worked for my H-1 employers so long as they paid me. If they had ever stopped paying me, I'd be out the door and not gone back. I had 4 different H-1 sponsors over the years, and no one ever benched me without pay.

Folks, if you're out of status by being benched for less than 180 days, 245k covers so you you should always admit this if asked (but never volunteer it) since it cannot hurt you.

 

[pralay]

Even if someone stays since they first entered and on bench for 6 to 8 months, how Service center knows that the person is on bench ?

Most of the times it's not easy to find. However, if adjucator gets suspecious about employer's ability to pay, he/she asks for last three years tax returns and sometimes company's tax returns too. Tax return can expose that.

Also I believe in US, 90% S/W guys on bench atleast a couple of months... am I right ?

Where did you get that number? All I can say is that no many employers do that kind of illegal things.