How long is H1 valid if someone is stuck for stamping in Home country without pay?

[kj13]

Hi,

I went to US on H4 visa with my husband and got my H1 in US when I got a part time job in a National Lab. I now came to India for my PhD viva and H1 stamping but the Consulate gave me 221-g (white slip) saying admin-processing is required. I was supposed to send details about my current, past and future research and invitation letter from the University, which I promptly mailed. Though its only 10days since I emailed, but the horror stories I have read, led me to initiate this post. I am concerned that since I am not being paid for this period (it is an hourly paid job), how would this affect my H1 status per se? 

Also, do I have an  option to withdraw this application and revert to H4? My passport is with the Consulate.

 

Thanks...

KJ

[jairichi]

Hi,

I went to US on H4 visa with my husband and got my H1 in US when I got a part time job in a National Lab. I now came to India for my PhD viva and H1 stamping but the Consulate gave me 221-g (white slip) saying admin-processing is required. I was supposed to send details about my current, past and future research and invitation letter from the University, which I promptly mailed. Though its only 10days since I emailed, but the horror stories I have read, led me to initiate this post. I am concerned that since I am not being paid for this period (it is an hourly paid job), how would this affect my H1 status per se? 

Also, do I have an  option to withdraw this application and revert to H4? My passport is with the Consulate.

 

Thanks...

KJ

Since you are out of US not being paid will not affect your H1B as being outside you are not on H1B status. Yes, you can withdraw your H1B visa application and enter with a valid H4 visa and a copy of your spouse's I797.

[pontevecchio]

You need not get paid if you are outside the country. You may have been the victim of the TAL and I suspect you will get your visa within the month.

[nik125]

You are not on h1 when u r not in country. i think u should not be worried about pay.

[itsmeusa]

Once you leave US shores, you loose all the statuses i.e. In India, you have no status. So don't worry about not being paid. Keep hopes about H-1. 

[billsan]

Exactly so once you are out of USA, whether its vacation or remote work,

You have no status in USA

[kj13]

Thanks a lot everyone...

[JoeF]

The "horror stories" are just from people who are at shady consulting companies or shady universities.

If everything is by the book there are no issues.

[kj13]

You are true. I just got my visa issued.