Hello Sir/Madam,
I am woking as a Software Engineer in Bay Area California as a full time employee for a product base company on H1B visa[validity till Jan 30th 2021].
I work at the client location and due to corona virus crisis my client has suspended our company services.Now my employer sent me a letter stating he is going to terminate my H1B visa in a week .
Questions:
(1) How can i maintain my H1B status ?[ excluding 60 day notice period]
(2)Can i be on bench without pay ?If so for how many month holing H1B Status active?
(3)Can my employer hold my H1B status by "furlough" and do he need to run my payroll?
(4)How many months i can be in H1B status with furlough?
Any other options available for me to maintain my H1 status ?
Greatly appreciate for your time and help!
Thanks & Regards
Your employer should be better guided than to lay off due to COVID-19.
This is not a straight forward easily answered question. I think A ‘COVID-19 Shelter In Place’ Order would permit a furlough within the validity of one's I-94.
I am sorry to hear of your situation. This is one of the problems with working for a 'job shop' that sends workers to client locations .... most 'real' employers are filing amendments and allowing people to Work-From-Home.
Q: 1) How can i maintain my H1B status ?[ excluding 60 day notice period]
A: Find a new/real employer
Q (2)Can i be on bench without pay ?If so for how many month holing H1B Status active?
A: No 'benching' is forbidden ... they must continue to pay you ... or fire you.
Q: (3)Can my employer hold my H1B status by "furlough" and do he need to run my payroll?
A: A 'furlough' is the same as benching. They must continue to pay you.
Q: (4)How many months i can be in H1B status with furlough?
A: Zero
