H1B Stamping done ,no project can I go back to India and Come again after 6 months

[ravikk0607]

Hi, 

 

H1B stamping done last year and came to USA ,i-94 valid upto 2018. Now I didnt have project.

1. How many days can I stay in USA with out project. Should I have to leave the country.

2. Can I go back to India and come again after 6 months or project confirmation, with same employer with out transfering visa . Would be any problem at POE when I reenter into USA.  

 

Please suggest me .  

[pontevecchio]

You NEED to complain about the matter to the federal DOL. At the very least get a consult with a Lawyer. It is illegal on the part of the employer/.

[JoeF]

The important thing is that you need to get paid, even on bench without a project.

Are you getting paid?

[ravikk0607]

Yes I am getting Paid, and I have pay stubs

Can I go back and come again after few months.

[adshah84]

If you are getting paid then you can stay in usa no matter you have project or not. 

As per detail it's looks like your employer is generating fake pay roll.  

You can go back to India and come at any time no issue. 

[JoeF]

Yes I am getting Paid, and I have pay stubs

Can I go back and come again after few months.

 

Make sure that it is for real, money in your bank account for your free use.

Some shady employers fake things and demand the money back (or the employee has to pay it first.) Such stuff would be a felony, and an employee should never participate in such a crime. It would kill the person's future in the US.