H1B on bench, employer saying leave US

USA H1B Visa
1

Hi,

I’ve a good relation with my employer & they are paying me for bench time too.

Since one month im on bench.

My employer is saying to leave US now,.

Now my questions are:

  1. If i leave US, what will be my status of H1B VISA ?

  2. What all precautions i need to take with my employer, so that my H1B status wont be affected.

  3. I’m trying to find new job too., but if i leave US, will they still be able to transfer my H1.

  4. Can i tell my employer provide me some more time to be in US and search job, even though if they wont pay me, im fine with it. May be a leave of absence.(will it affaect my VISA status ??)

Please guide on this.

Thanks ALOT in advance.

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	0 votes 

	 


Hi,

I've a good relation with my employer & they are paying me for bench time too.

Since one month im on bench.

My employer is saying to leave US now,.

Now my questions are:

1) If i leave US, what will be my status of H1B VISA ?



It will stay valid as long as it is not expired you can come back once you get new project. Thy will need to file New LCA for new location ( dont know if H1 needs amendment - They have changes few laws)

2) What all precautions i need to take with my employer, so that my H1B status wont be affected.
If you are in US. Let them run your payrolll. Dont stay without it.




3) I'm trying to find new job too., but if i leave US, will they still be able to transfer my H1.
Yes, but you will need to traqnsfer the H1 to new employer ( file cap exempt H1B and new LCA) . Need not get new stamping if you have valid visa.



 




4) Can i tell my employer provide me some more time to be in US and search job, even though if they wont pay me, im fine with it. May be a leave of absence.(will it affaect my VISA status ??)



YOU SHOULD RUN PAYROLL to be in US. H1B does not allow unpaid time in US.
3
  1. H-1 amendment is required after the new LCA is approved. Stamping is not required as long as the previous visa stamp is still valid.
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if you are looking for H-1b transfer ,Pls contact jyoti@relianceglobal.com 908-769-1271 x 106

5

I am on Bench in United States for the last 6 month with valid stamped H1B, looking for immediate H1B transfer.