apkesh Posted May 15, 2017 Report Share Posted May 15, 2017 Here is a bit about the situation I am in: I am a Canadian citizen living in Canada and working in the USA on an H1B for a fairly large American Consulting company. I work on a full-time HOURLY basis (not salaried) . The US company just applied for the I-140 for me. My ultimate goal is to move to the USA Unfortunately, around the same time the company applied for my I-140, the end client terminated my contract with the US company. Per US company rules, I am now considered 'on bench' However, i am still considered an employee of the company . I am now back in Canada waiting for the US company to assign me on a new project which may take weeks or months. As part of updating USCIS with any changes to the original H1b, the US company has already uscis my Canadian address as an amendment to my H1b. Apparently they are required to do this every time there is a change to what was originally listed on my h1b petition. Given the current situation, I was advised by my company to stay in Canada until they find me a new contract. Apparently, travelling to the US as a visitor while I have showed immigrant intent (apply for I-140) as well as I am on bench right now, can adversely affect my chances of getting approved for GC. As a Canadian citizen, I would have thought this would not be the case. I tried looking online to get more information on this, and have not had much success. Can someone advise? Link to comment
pontevecchio Posted May 15, 2017 Report Share Posted May 15, 2017 Even if they have no project as long as the H1 petition is valid and they have not let you go and revoked the H1, they need to continue to pay your salary. Obviously they have asked you to leave as you are not in H1 status while in Canada. You are in a bind. Link to comment
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