Selected CP but on bench

F

figureitout

Registered Users (C)
Hi Gurus,

this is a very puzzling case i am in.
I work for a consulting co., i am on a project for last one month.

My co. filed I-140 with CP last week, my wife is working here too.

I feel uncomfortable without paystubs going to CP,
please advise will it be a better idea to go to India back on vacation
for the duration during which my I-140 gets approved,
or wait here. Will i be ok if i say that since my wife is also working in US i had to be there and show up for CP without any payslips?

or any other expert advise about the matter will be really appreciated.

Thanks.
 
If you are on bench and your employment future doesn\'t look

good ... you should stay in the US and make it for AOS ...

CP will be very risky for you ....
 
No Title

what if i have been working for the same co. for the last
3 years.

would it be a better idea to wait in india while it gets approved?

Thanks.
 
Technically, there is no concept of "bench" on H1

You are either employed by the company and you are paid, or your employment is technically terminated. However, INS has stated in light of all the recent layoffs, etc., that they will be lenient in terms of determining whetehr a person is out of status or not. Whether the consulates take the same view, I have no idea. But one thing that may be of interest is that consulates have not been very strict in verifying how "current" your paystub is. There have been cases where people have successfully completed it with couple of months old paystubs. Ofcourse, it can be a risk, therefore it is your call. Techically, to stay in status, you should be on an H4.
 
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