H4 to H1 but not started project

[pankajiet2000]

Hi,

I am on H1 Visa. My wife got her H1 approved with COS from H4 (she is in US since Dec 2012). Her H1 validity starts from Oct 1st 2013 and her H1 sponsor company is not able to find her a project so salary has not started yet. I have few questions i will need your help for:

1. How long can she stay on H1 without payroll generation (no pay).
2. If her Employer doesnt revoke H1, and also doesnt pay because of no work. Is this legal ?
3. My wife will be going on Maternity leave starting Jan 2014. how long can she stay on maternity leave (under H1) without need to file COS to H4.
4. If she comes back to H4 in Jan 2014, and wants to switch back to H1 in March 2014. Will she be exempt for H1 Cap ?
5. Will H4 to H1 after her leave will be Change of status only using current I797 or need to file for new I797?

[jairichi]

 

Hi,

I am on H1 Visa. My wife got her H1 approved with COS from H4 (she is in US since Dec 2012). Her H1 validity starts from Oct 1st 2013 and her H1 sponsor company is not able to find her a project so salary has not started yet. I have few questions i will need your help for:

1. How long can she stay on H1 without payroll generation (no pay).
2. If her Employer doesnt revoke H1, and also doesnt pay because of no work. Is this legal ?
3. My wife will be going on Maternity leave starting Jan 2014. how long can she stay on maternity leave (under H1) without need to file COS to H4.
4. If she comes back to H4 in Jan 2014, and wants to switch back to H1 in March 2014. Will she be exempt for H1 Cap ?
5. Will H4 to H1 after her leave will be Change of status only using current I797 or need to file for new I797?

 

1. Zero days.

2. Yes.

3. I believe 6 to 12 weeks

4. Yes.

5. It will be a new cap exempt H1B petition

 

Your wife is currently out of status as she is not being paid. Whether project is available or not employer has to pay her. File a complaint with DOL against that employer.

[JoeF]

She needs to get paid even on bench.

That's the law!

If the employer doesn't want to pay her, she needs to file a complaint with DOL on form WH4. DOL will make the employer pay the salary.

[rahul412]

1. How long can she stay on H1 without payroll generation (no pay).
2. If her Employer doesnt revoke H1, and also doesnt pay because of no work. Is this legal ?
3. My wife will be going on Maternity leave starting Jan 2014. how long can she stay on maternity leave (under H1) without need to file COS to H4.
4. If she comes back to H4 in Jan 2014, and wants to switch back to H1 in March 2014. Will she be exempt for H1 Cap ?
5. Will H4 to H1 after her leave will be Change of status only using current I797 or need to file for new I797?

 

1. Zero days.

2. That's against H1, a person on H1 needs to get paid every month. Even on bench

4. Yes, she will be cap exempt. But for COS from H1 to H4, she needs latest paystubs

5. It will be a new petition with same 797.( I am not sure here)

[rohang]

 

2. Yes.

 

2) No, its not legal.