Need Help! Filing i 140 on unpaid bench


DivB

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I lost my job on Apr 4 2018 and still looking for a job. My perm was approved 2 months back . Now my employer is filing i140 . 

I don't have pay stubs from Apr 4th -till date .  How will this impact my I140. My attorney said i 140 is for future employment, and so as long as the company is working on finding me contracts, it should be fine.

I have a valid stamped visa/i94 until Jan 2019 , which is why although i've exhausted my grace period, I'm not accruing illegal stay- I hope this is correct. 

Looking for senior members' advice here. 

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On H1 you have to get paid ALL THE TIME, even on bench. You are out of status.

Also, the I-140 would very likely get an RFE about ability to pay, or get denied outright, because it is obvious that the company has no money to pay you,.

 

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