Reg. H1B Renewal

[msq]

Guys,

I have a question on my H1B Renewal.

I got my first H1B VISA in Sep 2008 and landed in California in Feb 2009. I got a project with Client A in Sep 2009. I was on bench from Feb 2009 to Aug 2009.

From Sep 2009 to till date, I am working for the same client. However, I have transfer my H1 to another employer in Oct 2010. I got my new H1B petition approval up to May 2012.

I have all the pay stubs and W2 forms from Sep 2009 to Till date. As i am on bench from Feb 2009 to Aug 2009 without any pay, will it create any issues during H1B VISA stamping (renewal).

If the VO asks about my bench period, what is the best answer?. Please advice.

Help is highly appreciated.

-MSquare.

[shervin143]

No one can predict. It depends on whether the VO looks at your 2009 W2 or not. There is no concept of bench. If you don't have pay, then you are out of status. The employer is suppose to pay you irrespective of whether they assigned you work or not. You should have complained to DOL and make them pay to reinstate your status. It is too late for that now.