Vacation on H1B bench period!!

[Ravi99]

Hi,

Is it risky to go to India on H1B bench period? My project will end this month and before I look for another client, I want to go to India for about 2 months. Please advise.

Thanks

[shekar11#]

Coming back without a job might be risky. Because at port of entry they will ask where are you working and they also might ask for some sort of client letters.

[JoeF]

What do you mean with "bench period"? You need to get paid on bench.

Of course, you can go on vacation abroad, but when you come back, even if you don't have a project yet, you need to get paid.

And your employer is responsible for getting you a new project.

[creator78]

I am on H1 and got paid in nov 2012.I was on bench and went to India in dec and come back in Jan. i was not paid as i was in leave.Again i had to go to india in Jan ending and came back in march. Now i am on bench how much time do i have for the out of status. As i was out of US for more than 2 months when i was on bench.What is the time i have for out of status?

[JoeF]

You are in a status by definition only when you are in the US.

If you are outside the US, there is no legal requirement to get paid.

But, while you are in the US on H1, you have to get paid, no matter what.

[catx]

ZERO!!! As soon as you were not paid a regular salary -- regardless of whether you working on a client project, were 'on the bench', or were on leave -- you were out of status. There is NO, ZERO non paid time while on leave or on the bench. Report your fraudulent employer to the Department of Labor (DoL) in your state, and find a proper full time employee job with a reputable employer (who knows, respects, and follows the immigration laws, regulations, and rules). You are right now facing a possible U.S. entry ban for fraud.

[creator78]

Here i am on leave from Dec to march and i m out of US,so i gave a leave application from Dec to march and was approved as it was an emergency leave.So when does this rule of out of status apply? According to my employement terms and conditions i will not get paid when i m on leave and not in US.Pls let me know.Thanks

[rahul412]

Here i am on leave from Dec to march and i m out of US,so i gave a leave application from Dec to march and was approved as it was an emergency leave.So when does this rule of out of status apply? According to my employement terms and conditions i will not get paid when i m on leave and not in US.Pls let me know.Thanks

But according to H1 rules, you need to get paid every month.And remember, by the end of the year your W2 salary should match with LCA salary

[chakrakr]

OP, what JoeF says is right. You need to get paid when you are in US . But if you are out of US, there is no requirement that you should get paid. Others probably do not know the rule correctly

[chakrakr]

But according to H1 rules, you need to get paid every month.And remember, by the end of the year your W2 salary should match with LCA salary

H1 rules are applicable only when OP is in US. OP is out of US and need not get paid.

[JoeF]

But according to H1 rules, you need to get paid every month.And remember, by the end of the year your W2 salary should match with LCA salary

If the person is in the US in H1 status, yes.

A person who is outside the US is by definition not in any status, so the H1 rules don't apply. Such person would need to have appropriate documentation that he or she was outside the US during the period without pay.

[omshiv]

But according to H1 rules, you need to get paid every month.And remember, by the end of the year your W2 salary should match with LCA salary

yah H1 rules and all are fine...but creator78 says that he was out of US....so when hes out then he doenst need to get paid...so hes fine.

[rahul412]

Of course when the person is out of US, H1 doesn't come into picture.

In this case, person is out of US but he said won't get paid when he is on leave is this legal when that person is in US?

[JoeF]

Of course when the person is out of US, H1 doesn't come into picture.

In this case, person is out of US but he said won't get paid when he is on leave is this legal when that person is in US?

If you actually had read the posts, among others, you would see this from me:

"Of course, you can go on vacation abroad, but when you come back, even if you don't have a project yet, you need to get paid."

In other words, it has all been answered. While a person is abroad, the person doesn't need to get paid. While the person in in the US on H1, the person has to get paid.

[rahul412]

If you actually had read the posts, among others, you would see this from me:

"Of course, you can go on vacation abroad, but when you come back, even if you don't have a project yet, you need to get paid."

In other words, it has all been answered. While a person is abroad, the person doesn't need to get paid. While the person in in the US on H1, the person has to get paid.

Oops...I didn't read your old post.I replied to the post which was posted after your first reply.

[Be35]

On 4/11/2013 at 4:26 PM, JoeF said:

If you actually had read the posts, among others, you would see this from me:

"Of course, you can go on vacation abroad, but when you come back, even if you don't have a project yet, you need to get paid."

In other words, it has all been answered. While a person is abroad, the person doesn't need to get paid. While the person in in the US on H1, the person has to get paid.

Is this still the case in 2018? Basically can you stay in bench searching for a project in the US (& getting paid) during this time?