H1b Invalid Status?

[kongara]

Hi,

I have heard that if one have not got a job or payroll has not been generated after getting the ssn their h1b will become invalid.

Is it true???

[virajs]

Yes, that is true. On H1B you come to USA to work. So if you are not doing a real job that pays that means you are out of status. It is similar to someone who comes to USA on F1 and does not attend college.

[kongara]

Yes, that is true. On H1B you come to USA to work. So if you are not doing a real job that pays that means you are out of status. It is similar to someone who comes to USA on F1 and does not attend college.

Do you know the time period when the status goes invalid?

[virajs]

What I mentioned was the law. But this is how things actually work.

On F1 student visa if you don't attend college then by law the respective college is required to inform USCIS immediately which they all do.

In the case of H1B also the employer is required to inform USCIS if you are not working. However, the employer is also required to pay you a salary as promised even during bench periods. Since the employer capitalizes on your situation and doesn't pay during bench, they are not going to report you because as soon as you are placed again in another project then they will start making money again. So you are fine as long as you remain with the employer. You can't do a H1B transfer because at that point USCIS will ask for paystubs for last 3 months and not being able to show them will expose that you have been out of status. Since they only ask for 3 months pay stubs, your best bet is to wait till you are placed and then do a H1B transfer after you have got 3 months pay stubs.

If you get laid off then there is a 180 grace period to adjust status if you find another job after that (somebody said it is 90 days now). However if you have never been employed (getting a salary) on H1B then it is a different story altogether. Not sure whether the 180 (90 day now) grace period rule is valid.

In thoery your employer is doing wrong by not paying as promised under H1B (by law they are required to pay even during bench periods). However, if you complain about them then you are exposing that you have been out of status also which is why nobody complains and these mostly Indian IT consulting companies take advantage of that situation.

[kongara]

Thanks virajs. I got every thing i needed.