Impact on H1B without Job

[kothashyam]

My Visa got transferred from H4 to H1 this year thru some consulatancy and I am eligible to work in US from October 1st 2014. 

 

Presently my consultancy and me are trying to find client to start working.

 

 

I am hearing so many things about legal stay in US on H1B without Job.

 

Could any one tell me the impact of H1B without any pay checks?

Do I need to pay any tax if employer is not ready to pay tax?

 

And I am hearing otherthing that.. USCIS allows fresh H1B holders to stay for around 2 or 4months without a pay check.. is that true? if true for how many months I can stay in US without a pay check?

 

What should I do if I cant get job by 3 months?

 

Please help me in understanding the impact. I want to correct things as soon as possible. 

 

I am not happy with my employer as I am not getting proper information from them.

 

 

Thanks in Advance

[JoeF]

On H1, you HAVE a job, with your employer.

If your employer doesn't have work for you or not is his problem. You still need to get paid. Period.

[itsmeusa]

On H1b, you need to get paid always no matter what. There is no grace period like 3 or 6 months etc. If you are not paid, by statute, you don't have H1b status. If you are not paid, there is no question of taxes. Either change the employer who can put you on live project immediately after H1b xfer or change the status back to H4.

[rahul412]

Currently you are out of status. On H1 you cannot stay in US if you are out of job, you need to get paid every month on H1. That's law, file a complaint against your employer if he doesn't pay you.

 

Moreover you cannot file for transfer without latest pay stubs. BTW how did your employer filed your H1 without a job??

[wiweq]

Presently my consultancy and me are trying to find client to start working.

=> This is funny. Looks like business-partner relationship not employer-employee.

 

I am hearing so many things about legal stay in US on H1B without Job.

=> You heard correct. Since you didn't get paid you are out of status. In order to prove, you are not partner-in-crime you should register a complain against your employer. You can do this using WH4 form on your state's DOL website. They would ask your employer to pay you and if found guilty for H1b misuse will be banned to file any H1b/ GC further.