issue with experience letter in GC

[rana25]

Hello Madam/Sir,
I have some questions regarding my green card process in USA. Let me explain you the scenario.
I have worked with Company1 for 1 year during Jan-01-07 to Dec-31-07, but he gave me the experience letter only for 9 month (Apr-07 to Dec-07) as they did not give me paystubs for first 3 month because I was on bench. Now I am working with Company2 and they filled my PERM application for Green card and I got labor approved last week as per 9 months experience letter of company1.

My Company2 told me to get experience letter of Company1 with whole 1 year duration instead of 9 months because in I-485 stage they need to specify landing date (Jan-01-07) of US in it. I discussed with Company1 to give me whole 1 year experience letter but they are not ready to give me. I have following questions to ask you.

1. I have landed in US on Jan-01-07 with company1 stamping and my experience letter specified my employment from Apr-01-07 to Dec-31-07 i.e. 9 months. If I submit the experience letter of Company1 in Green card process, will it create a problem in further steps of green card process (I-140, I-485) in US?
2. If answer is yes, then what is the way to resolve this issue to get Green card in US?
3. One of my friend told me that I can complain to DOL only within 1 year of leaving the company. But it has been 2 years since I left the company, so will I be able to complain to DOL now?
4. Is there any legal ways to get whole 1 year experience letter from my company1?

Thank you.

[Xkuger]

1. When you went to the consulate to stamp your passport, Did you have an employment letter ?
2. What was the date of employment as stated in that offer letter.
3. Did you get paid for the 3 months?
4. If they did not pay you that is considered Illegal and you will be considered out of status.
5. I think they are trying to clear their books so that if this is brought up they can say 'Hey we did not have him on bench'

Bench is not legal specially when a full salary as declared in you H1 is not being paid to you.

Speak to your attorney on available options as such gaps can be considered as out of status and have bad repurcussions under the immigration law.