H1B Visa: While on Bench

[zinfa321]

Hi,
I am on H1B visa. I have completed my last project and now on bench from mid of Nov'09. My employer (desi consultant) had asked me to send an Application for Unpaid leave so that he can maintain my H1b status. I sent a vacation letter for 2 Weeks and for which he has not paid me a bench salary. Now again he is asking me to submit another letter of unpaid vacation until the date I will get my next project.

My dilemma is how long should I entertain such requests from him and if in case I refuse to go on vacation what are my chances of being laid-off?

Will Employer loose any eligibility up on laid-off like no new H1/GC petition in short future?

Thanks in advance!

[shervin143]

There is no such thing as bench when you are in H1B. If you go on unpaid leave without pay slips, then you will loose your H1B status. USCIS doesn't entertain people taking vacations without pay when you are in work visa. Being out of status will cause you issues later, like when you try to transfer your H1B to a different employer or if you try to change your status to a different one or when you go for visa stamping.

Check this.

https://www.immihelp.com/h1-visa-holder-rights/

https://www.immihelp.com/h1-visa-holder-responsibilities/

https://www.immihelp.com/h1b-visa-em...int-procedure/