I was benched for few months, then transferred my H1 and now H1 renewal

[rajesh_rm]

I have H1 renewal in process, have the new I-797 and I-94, and need to go for stamping soon, but was benched by my first employer I then transferred to a different employer. Now I need to specify my previous employer (second stamping), but I can not specify the join date etc, as I never worked for him, was on bench. What do I do ?

[shervin143]

You need to have pay slips from day one on H1B. There is no such thing as "bench" when you are in H1B as H1B is a full time job. If you don't have pay slips for certain duration on H1B, then you are considered out of status on H1B for that duration and it can cause issues with future petitions, visa stamping and GC process. Sometimes USCIS and Conulate will ask for all W2's and it will show that youare under paid. The employer is suppose to pay you as per the approved LCA irrespective of whether you were on a project or not. Your best option is to file a complaint against the employer and make them pay. A copy of the complaint agianst the employer will help you when you go for the visa stamping. Check these links.

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

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

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

[rajesh_rm]

Hi Shervin,
Thanks for replying to my post, this is of great help. Did not know of these rules and procedure.
Thanks again
Rajesh