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H1B effective from Oct1 st 2015 but project ended on Sept 2015

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  • H1B effective from Oct1 st 2015 but project ended on Sept 2015

    I am employed by company A since March 2015 and have been working at a client in MO ever since and my company A filed for my H1B which is active from Oct 2015. The project with the client in MO ended on Sept 30th 2015 unexpectedly.My company A is marketing my resume from Oct1st to place me at another client.In the meanwhile I got a full time offer at my old client in Missouri and they started my H1B transfer process which can take another 15 days.I have travel plans to India in Nov2015 and have to appear for my visa interview.

    A)Since I am on bench from Oct 1st until I get my H1B transfer, how do I answer the visa officer regarding this this bench period?How to approach this situation and support myself?
    B)Also,while the transfer is in process,can I leave US?What are the consequences?Help needed please

  • #2
    Are you getting paid? You must be getting paid, project or no project. Otherwise you are out of status. Transfer will not be approved with I-94 and you cannot begin working for the new employer immediately.
    This is my opinion and not legal advice.

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    • #3
      Originally posted by kabkaba View Post
      Are you getting paid? You must be getting paid, project or no project. Otherwise you are out of status. Transfer will not be approved with I-94 and you cannot begin working for the new employer immediately.

      Yes, I am getting paid because I am their employee irrespective of whether I am performing client related work or not. Hope I am in a good standing until I get my new H1B from an another employer.Please let me know.Thanks.

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      • #4
        As long as new petition is filed (receipt date) before your last day of work at the current employer, you are fine.

        Technically, as long as you are on payroll and employed, you are not on 'bench'.
        This is my opinion and not legal advice.

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