Legal Question in Immigration Law in Georgia

Re: H1 bench period

Dear Inquirer:

"Benching" is not permitted under USCIS regulatory guidance. If you are able to find a new H-1B employer and file a change of employer petition within a reasonably short period of time, then you probably will not have a problem. Since you are no longer working for the H-1B employer, you are technically out of status. If you file for an H-1B change of employer and the USCIS determines that you have violated your status under these circumstances, you will have to depart the US to obtain a new H-1B visa. Note that the 3 and 10 year bars for "unlawful presence" do not become an issue until you have overstayed the date on your I-94, or stayed past the date on which USCIS tells you you have violated your status.

I recommend that you visit www.hanlonlawgroup.com or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

Re: H1 bench period

There is no legal "bench" period. Your H status expires the date you no longer have bona fide employment as designated. However, there is typically a two week discretionary period where USCIS will at its discretion allow a transfer of the H-1B. Further please be aware that any overstay beyond 6 months will result in 3 and 10 year bars to admission and lawful reentry.

Thanks,

Piyush Seth, Attorney at Law