Will there be problem filing H1b when on Bench?

Hi ,

I am in kind of delimma , whether USCIS will approve H1 or not when we are in bench during the time of H1 process? My project will end a month before the quota open. Any suggestion?

Thank you


I assume you are on bench outside US (i.e. in India). It doesn’t impact your H-1 processing.

I am in US working on OPT.

On OPT, you can stay unemployed for only up to 90 days. If you didn’t get paid for more than 90 days, then it can impact the outcome of your H-1 petition.