Bench period in H1B and impact

[benchthe]

Hello everyone,

 

This question was probably asked numerous times in the past. But I need some advise here.

 

I filed for 7th yr (1yr based on labor) extension for with my current employer (just one employer all the time). Sometime in near future expecting a 140 approval and 3 yr extension based on that.

 

This same employer when filed my H1 and was approved, I was on bench for 9 months till 1st job. Back then I did not know I will be out of status by doing that (yeah I know that I should have read the rule book before stepping into US, changing to H1 and all). My employer is handling this for 140 filing saying I was on unpaid vacation and he made me write letters to the same effect. While I know whats going on, I had no real idea what I could do to better/correct it.

 

I am not sure what this is going to do to my future. I read through this and other forums and seen several cases. I do know(now) it is  illegal, I could contact DOL complain about employer violation etc. But this happend 5.5 yrs ago. Is there anything I could do at this point? Please advise.

 

I have an offer from another firm but I am not sure if thats going complicate things further.

[pontevecchio]

Please discuss the matter with an Immigration Law Firm.

[JoeF]

You can't do anything anymore about it. A complaint canonly be filed up to one year after the violation.

You need to tell your lawyer, because this may change the strategy for the GC.

[benchthe]

Thanks guru's. I understand an immigration lawyer can give a better feedback on this.

 

JoeF: Any more insight on strategy? What was your though when you said so?

[JoeF]

Thanks guru's. I understand an immigration lawyer can give a better feedback on this.

 

JoeF: Any more insight on strategy? What was your though when you said so?

This stuff has to be explained. It is better if it is explained pro-actively than USCIS issuing an RFE which takes the lawyer by surprise.