H1B: No Project for more than 30 days

[mshinde]

Hi,
I was staying in US from last 3 years, I got my H1B in 2017 quota, I went to India in Aug 2018 for stamping, had stamping and came back US on 9th Oct 2018, and I am still searching for project. Till today 11/13/2018 (which is more than 30 days) I have not got project and hence not getting paid as well.

#1: I am allowed to stay in legally?
#2: If not, If I need to get myself transferred to dependent visa, will I be able to change it back to H1B once I get project?
#3: My employer says, you are good till the time you don't sign form 9, is this true?

[ankiawa]

My wife was in same situation. Only thing was different is that she converted H4 to H1. We enquire from couple of attorneys, here are my answers from my limited knowledge. Please consult with an attorney, that will help in clearing things out -

#1: I am allowed to stay in legally?
You can stay 60 days max, after that it will be very difficult in transfering visa and will be counted as illegal stay.

#2: If not, If I need to get myself transferred to dependent visa, will I be able to change it back to H1B once I get project?
You can transfer to H4 visa, yes. But for that you have to prove that you are on H1B status by providing pay stubs and other documents. Or you can travel out of country and get h4B stamped.
Once you get project, your employer will have to file H4B to H1B, and that takes a lot of time as no PP available for that. Or you can find a job and do H1 Transfer, that can be done in PP once available.

#3: My employer says, you are good till the time you don't sign form 9, is this true?
Your employer is on safe side if they are not asking you to fill I-9. You are not on the safe side though.

One more thing, if you entered in USA on H1B, you are suppose to be on payroll from day 1.

I suggest you to talk to attorney, would take couple hundred dollars for detailed talk, or can us avvo for 15 mins talk in $40.

Again, my input is from my knowledge on my case. Don't consider it as legal advice.

[mshinde]

My wife was in same situation. Only thing was different is that she converted H4 to H1. We enquire from couple of attorneys, here are my answers from my limited knowledge. Please consult with an attorney, that will help in clearing things out -

#1: I am allowed to stay in legally?
You can stay 60 days max, after that it will be very difficult in transfering visa and will be counted as illegal stay.

#2: If not, If I need to get myself transferred to dependent visa, will I be able to change it back to H1B once I get project?
You can transfer to H4 visa, yes. But for that you have to prove that you are on H1B status by providing pay stubs and other documents. Or you can travel out of country and get h4B stamped.
Once you get project, your employer will have to file H4B to H1B, and that takes a lot of time as no PP available for that. Or you can find a job and do H1 Transfer, that can be done in PP once available.

#3: My employer says, you are good till the time you don't sign form 9, is this true?
Your employer is on safe side if they are not asking you to fill I-9. You are not on the safe side though.

One more thing, if you entered in USA on H1B, you are suppose to be on payroll from day 1.

I suggest you to talk to attorney, would take couple hundred dollars for detailed talk, or can us avvo for 15 mins talk in $40.

Again, my input is from my knowledge on my case. Don't consider it as legal advice.

Little confusion still, I am entering US with H1B, in first part you are saying I have to get project in 60 days max and later part you says I need to be on payroll from day 1?