Canceling My H1B

[bennymathew]

My question involves employment and labor law for the state of: NJ

i came on a H1B...and have been on bench for some time..i wish to return to my country by cancelling visa...what should i do....

[SanDiegoSunsets]

Slavery was abolished in the United States. You're free to leave anytime you'd like.

[bennymathew]

my employer has not paid while i was on bench.so would that be problem while cancelling visa. what is the approach and procedures that i need to take..?

[SanDiegoSunsets]

Keep checking this forum. But I would suggest you consult an immigration attorney or the consulatre of your home country.

I'm going to assume you're from India, since that's were about 70% of the H1-B's seem to come from. It would think the Indian consulate has some staff that can help with some resources regarding these matters. It's more common than you may know.

[bennymathew]

Hey thanks for all that replys...one last question to you.....would it be possible to cancel the H1B through US consulate back in my country?

[Mr. Knowitall]

my employer has not paid while i was on bench.so would that be problem while cancelling visa. what is the approach and procedures that i need to take..?

If you were not paid for time on the bench, you can file a complaint with the Department of Labor.

Hey thanks for all that replys...one last question to you.....would it be possible to cancel the H1B through US consulate back in my country?

Why do you want to cancel your H1B?

[bennymathew]

want to cancel so that it wont be a problem when my time comes for green card processing..

[aaron]

H1B's are dual intent. You can apply for a Green Card while holding an H1B visa.

[bennymathew]

thanks aaron..what i need to know is being on bench and when times comes for GC processing,will it pose a problem by any means..your view on this will help me to end my series of doubts...

[Mr. Knowitall]

This is a problem with working for a shady employer. You're "on the bench" - but you're supposed to be paid for time "on the bench". If you're not working - "laid off" - you're supposed to return home. You would likely have problems with a "transfer" of your H1B because you don't have paystubs. But if you intend to quit your job and return home anyway, those issues shouldn't come up.