H1 approved, no project

[sharat87]

Hello guys,


I was working with a company past 3 yrs. I was on OPT & my company sponsored me H1 this year. Its been approved for 3yrs starting October 2015. My proj got ended in Aug 2015 & since then I'm on bench (no pay). Now my employer could not find a project for me & advises me to leave country & come back when a project is assigned again. He told that H1 would not be revoked if I leave the country. I have a few questions

1. How long can the H1 be open (not revoked)?
2. Is it possible to come back in the future if I'm assigned a project?
3. If I'm placed in a project could there be any problems during visa stamping?

[raghvi]

Hello guys,


I was working with a company past 3 yrs. I was on OPT & my company sponsored me H1 this year. Its been approved for 3yrs starting October 2015. My proj got ended in Aug 2015 & since then I'm on bench (no pay). Now my employer could not find a project for me & advises me to leave country & come back when a project is assigned again. He told that H1 would not be revoked if I leave the country. I have a few questions

1. How long can the H1 be open (not revoked)?
2. Is it possible to come back in the future if I'm assigned a project?
3. If I'm placed in a project could there be any problems during visa stamping?

I dont understand the basis on which the H1 petition was approved when your employer didnt even have work for you. What basically this sounds like is that employer is asking you to leave US as they dont have work for you.
Assuming your H1 was filed as a COS then from 01-Oct-2015 you are accruing out of status period as you are neither working nor getting paid. Now you can approach this situation in either forcing employer to pay as according to law the employer has to pay as per LCA whether they have work for you or not. If they do not oblige you can complain to DOL. If they do not have work for you they should provide you a return ticket back to your home country and this is what the employer might be implying, so ask them for a return ticket.

1. When you say "H1 be open " it can have multiple meanings; H1 cap exemption is valid for 6 Years from initial cap count year. H1 status is valid as long as one is working and getting paid by employer who sponsored your H1. H1 petition is valid as long as date on your I797. H1 visa is valid as long as its validity date in the passport stamp. So all have different meanings. But if I understand your question, you technically will remain cap exempt till another 6 Years.
2. Yes, but you do realize that you need to get yourself a H1 stamped first. So make sure the documentation is accurate and there are no loopholes, as otherwise you might get rejected at the consulate.
3. Read above, you need to ensure all details around the project are valid and there is clear employer employee relation.

This is my opinion not legal advice.