Any travel restriction on H1 B visa bench period?

[OPT_Student]

Hi All,

I need all the experts suggestions/inputs. I am on H1 B visa( with stamping till Dec 2017) and my project ended in mid  November. I have an unavoidable trip to India in first week of Dec 2016.  I have the following questions in this regard:

1. Will there be an issue while POE considering I am on bench at the time of return?

2. Is it suggestible to come on H4 visa  to avoid any issues on POE?

3. If I plan to come on H4 visa, how long does it usually take to receive H4 EAD (my husband has  approved I-140)

 

On the other note,

If I come back to US on H1 B visa and apply for COS to H4 , can I work till I receive  H4  approval notice  ?

 

Any input is highly appreciated. It will help me to take a better decision.

- OPT Student

[JoeF]

Are you getting paid?

On H1, you need to get paid all the time, even on bench.

[shekar11#]

1. Yes. If the POE officer asks for employment info you will be in trouble. Not a suggested option.

2. Yes, that is the safest option. Coming back on H-4.

3. Depends. My spouse got it in a month's time. Some have got it in 6 weeks.

If you come back on H-1 visa, you can apply for H-4 COS and H-4 EAD simultaneously. You can work until the H-4 is approved. And if both the COS and EAD get approved together you can continue working without a break.

Since you have a H-4 EAD option utilize it rather than facing unnecessary troubles at POE.

[OPT_Student]

Thanks guys for the responses.

JoeF,

Yes, I am being paid on the bench period. I have sufficient funds to be paid by my employer for next couple of months.

 

If I come back on H1 and if the officer asks me about my employment, what would be the better way to answer this question?

-OPT_Student

[shekar11#]

There is no better way to answer that question. If you are employed you need to be working at your employer location or a client location. For that you need to show the project details or client letter to the POE officer if he asks you. If your employer does not have any in house projects, then it is very tough if POE officer asks about your employment if you don't have a client.

[JoeF]

23 hours ago, OPT_Student said:

Yes, I am being paid on the bench period. I have sufficient funds to be paid by my employer for next couple of months.

Hmm, what does that mean? Why would your funds matter? The employer has to pay you for real. With the employer's funds. Somehow faking it by giving the money to the employer is a felony.

It is in the employer's best interest to find you a project.