H1-B - When will it be out of status?

[sinstoic]

My cousin is on H4 with I-94 till September 30, 2008. He got selected in the lottery and will receive his H1 with I-94 till September 30, 2010. I understand that his visa will be H4 till September 30, 2007 and H1 from October 1, 2007. Correct?

He will not have a job until the company is able to find a client who can make use of his services. As it is a small company with a few clients (most of their requirements are being met), my cousin doubts that he will ever get a project with one of the company's clients.

The company is clear that they will not pay him until he gets a project from one of their clients (he can't go with other clients). The company states that he better find a client and thereby get on the payroll by October 31, 2007 or end up being out of status and therefore an illegal immigrant.

How many days can my cousin be in USA on H1 without job or pay before he is out of status.

[pak]

Hi as per my understanding when ur on H1 in US and when ur not on payroll u will be out of status.Most people avoid this situation by being on payroll by just paying taxes.I am not sure how long we can continue to stay in US..but may be ask ur employer to put u on payroll to retain ur status.

[leifbooger]

It is very easy to convert H1 back to H4 just by filling out form I-539 on the USCIS website. So, in case he does'nt find a client on H1, he can always transfer back to H4.

[harry675]

he can easily convert h1->h4 ... if latter he want to convert from h4->h1 ..he need to file petition again...

[pak]

Well..i personally don't recomend to convert back to H4 as one converts from H4 to H1 for working and now a days converting back from H4 to H1 is a big thing now..due to lottery & all.
So try to find a job from clients other than what ur cousin's company has(u can apply from dice or job sites or through contacts)...as u can work on corp-to corp with any client...

[leifbooger]

Once the H1b has been approved, if the person needs to convert to H4 and then back to H1, then he/she does not count towards the cap. Its easy to convert back to H1 without the lottery. Its illegal to stay continuously on an H1 without paystubs. So if the person has been on H1 for months without a paystub its safer for them to convert to H4 and then convert to H1 if they ever find a job.

[harry675]

My consultant told me that it is not possible... it will be counted in cap . need to confirm from attorney

Once the H1b has been approved, if the person needs to convert to H4 and then back to H1, then he/she does not count towards the cap. Its easy to convert back to H1 without the lottery. Its illegal to stay continuously on an H1 without paystubs. So if the person has been on H1 for months without a paystub its safer for them to convert to H4 and then convert to H1 if they ever find a job.