Hello there,

I got H1B for 2009 quota.. Prior to that Im on H4 status.I got my H1b stamped in India and came to US in October 2009.

From then, until now because of the market conditions my employer couldn't get me any project to work for. For the reason I don't work now, I'm not paid as well.

But I was told that it is not legal, if the employer doesn't run the payroll.

I have following questions

1. Hw many days/months I can stay without pay?

2. can I be on forced vacation in US and continue on H1B?

3 Can I Change my status to H4, which I understand is easy, but if I have to get on H1B status, shd I again apply in the next quota, as a completely new H1B petition?

4. I also heard that if I move to H4 status, again coming on H1 status is a mere simple thing... I donno hw far its true, but just let me know. In case if it is possible, hw many days would it take to get on the new status?

5. Also suggest me Which is the best and legal what to overcome the situation.


Thanks in Advance

This is a "benching" issue. The H-1B employer is required to continue to pay you if the non-productive time is a decision made by the employer. If it is your decision, the employer does not need to pay you during this time. If they are doing this, it is a violation of the LCA and ACWIA.

If your spouse is an H-1B, then you can COS to H-4. remember the USCIS has "decoupled" the H-4 dependent time (Aytes memo 12/2006)

If you find other H-1B work, since you were counted in a previous H-1B quota, you do not need to apply under the a new H quota--check under H-1B portability. In fact, you will generally not need to go with USCIS premium processing (saves $1000 filing fee) in that you can work as soon as the USCIS receives your new employer petition and you get the I-797 receipt notice.

Hope this is helpful, if it was, rate this answer. Good luck!

Hi,

I am on H1B as my company was running my pay roll less compare to my Offer letter since 2 months.When I asks they says we don't have more projects. Does it makes any problem? As well how many months we can stay in USA without running payroll in H1B.


Best Regards
Santhosh