H1b extension pending 240 days

[rohang]

Hi,

one h1b extension is pending for 240 days , beneficiary can't work, but stays in US (till final decision comes).

2 questions 

1) is it ok to be on bench after 240 days? If bench and LOA( leave of absence) are 2 different options in employer  HR system.

2) how does USCIS determine if beneficiary was really working ? As being on bench will continue all employee benefits (salary + insurance ).

thanks