H1B status while not working for a client.

[rshgt]

Hi All,

 

My H1B is valid till 31-Dec 2015.I 94 also expired on the same day. My employer has applied for extension on  23-Sept-2015. Waiting to receive the approval from them.

i got released from my project in Jan 2016 and currently waiting for the next assignment. I am getting paid till date. (Feb 2016 too)

 

Now my employer is asking me to go back to offshore and they would revoke my extension. so i have these belowquestions

 

1. Coverting to H4 to maintain the legal status and later move on to H1 with the help of old H1B document(which expired of 31-Dec-2015) under Cap-Exempt category? 

Is this a Viable option even if they revoke my extension?

 

2. Can we transfer H1B to another company while the extension is processing and I94 is expired? would it cause legal issues if my current employer revokes my H1B extension?

 

3. Is it legal to stay in US while i am getting paid but with out working in project?

 

Any suggestions/thoughts would be much appreciated,

 

 

[rahul412]

1.Yes that's possible

2.Yes, only if your H1 transfer is initiated before your employer revokes current H1

3. Yes

[rohang]

1) yes, i am hoping your spouse has valid h1b visa.

 

2) its possible, if you get receipt notice of h1b petition (by new employer), before current employer revokes your visa.

 

3) yes, project doesnt matter