H4 to H1B : how many month can be in USA without paystub?

[neerajonsky]

Hello,

I came to USA on H4 visa. and then I applied H1B which got approved and valid from 1st of Oct 2012.

But I did not get any project till now.

So my question is that -

1) How many month I can stay in USA without paystub?

2) When my status will be out of status (if in future I did not get any project here)?

3) Can I travel to india and come back to USA without H1B stamping as i already have H4 stamping?

Thanks!

[JoeF]

Hello,

I came to USA on H4 visa. and then I applied H1B which got approved and valid from 1st of Oct 2012.

But I did not get any project till now.

So my question is that -

1) How many month I can stay in USA without paystub?

Zero months. Zero DAYS!

On H1, you have to get paid ALL THE TIME, even on bench without a project. That's the LAW!

2) When my status will be out of status (if in future I did not get any project here)?

If you don't get paid, you are out of status NOW!

If your employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

[neerajonsky@gmail.com]

Thanks JoeF