very very worst situation on h4 please advice

A

amanbajwa

New Member
came to US on h4 visa.after coming here got h1b approved so did COS from h4 to h1.which is approved.so i was on h1 status from 2008 to 2010.but due to bad job market i did not get job and my employer never paid me on bench.so before one month of h1b status left i applied again COS from h1 to h4.and got RFE,uscis demande additional evidence(3 paystub).which i was unable to provide so under RFE condition left country and went to india for h4 stamping,visa approved at interview.but did not get passport back within 7 business day.called to DOS and got reply my case is under adminstrative processing.so im very confused.please clear my doubts i was out of status in US becaue i was not getting paid on bench but i had valid I94 till i left US.SO will 3/10 year ban applied on out of status people????after approving visa on interview what type of admin processing they can do on h4 case.please suggest
 
Your H1 seems to be fraudulent since you did not have a real job and did not get paid. H1 is not for just sitting on the bench waiting for projects - employer is supposed to pay you the salary that they promised in their Labor Condition Application.

Your stay under this H1 is considered out of status and ban will apply. DOS checks with USCIS before granting visas.
 
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