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Can I stay at different location other than the LCA location while on bench?

Bentonville, AR |

Hi I am on H1B visa. My LCA was filed for Houston, TX. Since the position was not available I am on bench and staying in Bentonville, AR since last 70 days will this be a problem?

Attorney Answers 3


Probably not, as long as you're willing to go back to TX when they take you off the bench.

BUT: You should double-check with the company's immigration attorney (not a non-attorney in HR).

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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Benching without pay is not allowed. Consult with an experienced immigration attorney if you continue to stay in the U.S. You may have issues with maintaining status.

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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Depends on what you mean by "on bench".

Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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