Deepak1234 Posted July 16, 2013 Report Share Posted July 16, 2013 My H1B VISA is expiring on July end. Extension has been applied. Now, my current assignment is getting over this month end and I will need to travel back to India as I don't have any other projects available. In this case, can I continue my stay in US without taking salary from my company? Is it legal to continue like that till I get a new project or till I get my VISA extended? Link to comment
Jyothis Posted July 16, 2013 Report Share Posted July 16, 2013 On H1b, you need to be on payroll as long as you are in USA. It is not legal to be out of work and out of pay while you are here. It may be safer for you to travel back and come back when you are on payroll Link to comment
jairichi Posted July 16, 2013 Report Share Posted July 16, 2013 You can not stay in H1B in US with out being paid Link to comment
rahul412 Posted July 16, 2013 Report Share Posted July 16, 2013 . In this case, can I continue my stay in US without taking salary from my company? Is it legal to continue like that till I get a new project or till I get my VISA extended? No, that's not legal. On H1 you have get paid regularly, even when you are on bench. Link to comment
JoeF Posted July 16, 2013 Report Share Posted July 16, 2013 In addition to what has been said already, I suggest you find a better employer. Your employer is very shady if he doesn't pay on bench. Link to comment
t75 Posted July 16, 2013 Report Share Posted July 16, 2013 If the company requires that he return home to remain employed, he should do so. OP, One job in the US does not give you the right to violate US laws just because you want to remain in the US. You can always quit your job and remain an a B2 visa (if you can get it). Link to comment
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