need advice on H1 bench period

G

gr1275

New Member
I have been working on H1 visa through a consulting company. I had taken a 1 month vacation to India and now that I have come back I do not have a project. My company has not paid me during my vacation and will not pay me until they find me another project. My question is, how long can I stay legally in the US while on bench?
Will I have a problem if I have to get my visa transferred to another company?

If anyone has been in the same situation please advice.FYI, my H1 is stamped until 2006 i.e another 2 years.

Thanks
-GJ
 
You have a problem, and so does the employer. It is against USCIS and DOL regulations to "bench" an H-1 employee without pay. The empoyee, if available to work, must either be paid, or terminated.
 
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