H1-B Extension RFE

[harigoli]

I got RFE on my H-1B Extension.. RFE is basically on my Taxreturns in 2009.
I am on bench from June to September and my employer did not pay Taxes for this duration.

will there be any chances to get approval If I submit my W2 from 2006 - 2009.

Please heme how I can Justify.

[shervin143]

I doubt it. Getting paid less than the LCA is a problem for sure. There is no concept of bench in H1B. You employer is supposed to pay you irrespective of whether you were on a project or not. It is because of employers like these, USCIS is taking hard measures against the H1B program. This might cause your issues in future petitions, stampings and GC. You should complain to DOL make your employer pay.

Read this.

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1b-visa-em...int-procedure/