Legal Question in Immigration Law in Illinois

Effect of benching on Adjustment Of Status

I am here on H1-B since Nov-2001. I never reported to company. However I am in touch with the company persons. They told me that they r not going to terminate me, but will not run on the payroll till I get my first assignment. They also told me that they are showing me as not reported to company. Since entered I am staying with my wife who is in Illinois whereas my employer is NY Based.I also took SSN by applying from state, where I am staying presently. My I-94 is valid till Nov-2003. Also I am beneficiary of the I-130 petition. My spouse is GC holder & he filed my IV petition before 15 months i.e. before I entered the country. I even disclosed this while applying for NIV (in OF-156) at the US consulate in my home country. So according to LIFE act I am eligible for V visa in June-2003. So my concern is it advisable to stay in country on bench till I get the client? Or would it create serious problem at the time of V visa or AOS when my priority date becomes current? My wife is not eligible for citizenship till May-2003.

Would it harm my eligibility of greencard if i continue staying on bench till I am eligible for V Visa?

Would I be banned upon re-entering if I continue staying on bench, for more than 180 days?


Asked on 1/31/02, 1:10 pm

1 Answer from Attorneys
Satish Maheshwari Vakilbabu

Re: Effect of benching on Adjustment Of Status

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 1/31/02, 1:38 pm


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