on bench h1b out of status. back payroll?

On bench on h1b no EAC number back payroll.?
hi guys,
My h1b started on oct 1st 2008.
before that i was on opt(expiring feb03 2009).
but as my h1 started oct 1 my status got changed from opt to h1b on oct 1st 2008.
i have been on bench since oct 1st.
can i give my employer some money to run my payroll for the whole time i have been on bench and then pay taxes accordingly? and then change my status to something like f1, b2 etc or transfer to another emplyer on h1b?
I dont even have EAC Reciept number and my emaployer is asking me for the h1b filing fee and the living expenses while i was on bench.
is there any way i could get EAC number?
IS IT POSSIBLE TO RUN PAYROLL FOR THE PREVIOUS MONTHS NOW?
Please guide me what should i do.
Would really appreciate your help.
Thanks

I’m sorry to tell you this, but there is no bench time allowed for people in H-1B status. Your employer is supposed to live up to the terms of the Labor Condition Application. The minute they stopped paying you, you were out of status.

Also, your employer is the petitioner and should not be asking you for any filing fee as it their job to pay it.

What are the validity dates of your H-1B? I’m guessing 10/1/2008 to 9/30/2011. So my next question is why would your employer be asking for anything right now?

My suggestion to you would be to get another employer to petition you and leave the country. Then you can go ahead and pick up your visa at your nearest consulate when the new I-129 is approved. All of your unlawful presence will come back to you as long as you stay in the U.S. It will really hurt when it’s time for your I-485 and it gets denied.

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