H1-B Non-Payment and Lay-off

[samlynn]

1) How long can I stay in the US if I'm not employed by my sponsoring company? You can't stay if you are not employed or receiving a paycheck.
2) Would it be best for me to change to a different visa? What visa would you try and change to? there really isn't an option to change your visa and really none that would be approved.
3) Am I right in thinking I'm unlikely to ever see the money I'm owed by the company? You can report the company for your missing wages. check with the DOL

[Kieran James Cunningham]

Hi,
I'm posting in hope that someone might be able to give me some advice on the situation I'm currently in as an employee on a H1-B visa.
For the past 4/5 years, my employer has paid me only sporadically and we'll below the amount stated in my contract. Recently, my company has been struggling and the amount owed to me is now in the region of $40,000.

Worse than this, from my perspective, is that the company now looks to be going under and will lay off most employees shortly.

I'm totally distraught... I don't have enough money to stay for more than a few weeks if I'm not getting paid. The questions I can't find a solid answer to are these:
1) How long can I stay in the US if I'm not employed by my sponsoring company?
2) Would it be best for me to change to a different visa?
3) Am I right in thinking I'm unlikely to ever see the money I'm owed by the company?
I greatly appreciate any advice anyone can give me,
Thanks
Kirsty