Mixed Insurance Banners Health Insurance for Visitors to USA


No announcement yet.

H1B on Vacation.. (Bench)...

  • Filter
  • Time
  • Show
Clear All
new posts

  • H1B on Vacation.. (Bench)...

    Hi to all seniors,
    my work contract is over with client from next week, my employer told me he can cancel my H1B after 2months (as per new rules). what it's called "Bench"? means employer will not pay to me, but my H1B visa and I797 is valid for searching project? when I get any job or project employer will pay me (employer is consulant).
    so, it's safe to be on bench (I know I will be out of status but I don't have any choice to stay into the USA).
    any suggession and help please reply.
    Prashant Desai.

  • #2
    Your employer MUST pay you as per the law. There is nothing like bench without pay for a H1b.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      Originally posted by txh1b View Post
      Your employer MUST pay you as per the law. There is nothing like bench without pay for a H1b.
      **** * my employer told me that if I dont get project or job then he is going to cancel my H1B after 2 t o3 months. he told me that I can go back india , and I can come back too on visa after some months when economy will good.


      • #4

        As correctly said - you can be WITHOUT Projects but you should be PAID all the time as long as u r in H1 status in US.
        If the employer is paying you even ur not in project - its fine.
        But the day he stops paying u- u will be out of status and best option for u is to transfer the H1 to some other employer or Going back to India (better than accumulating out of status days which may create problems later)

        Thanks and Regards,


        • #5
          Your employer is right. He can terminate you and send you back but he has to pay all the time you are in the US.
          This is my opinion and not legal advice.