H1 Outof status

[Suresh1]

Hi,
Can any body Please let me know about the outof status of H1B.
Actually I came here May2000. I was in job till April 2001.
My Employer told me that My Salary will be hourly based after April'01. Since I did not get any project, I am not getting salary.
Till now I dont know my H1B status. Since last 5 Months I am not earning(my company is not paying, not in company pay rolls), am I come under Out of status?
if yes, How Many months I can Stay in US?

If I want to transfer H1 to another company will it be possible right now? I don't have Paystubs after April 2001.

I would really appreciate If someone helps me in this.

Thanks
Suresh

[n2001]

I think maximum of 180 days you can be unemployed but there is no defined law from INS.It is better to take advise from your company attorney regarding this.

[suomilainen]

If you had a valid H-1, and your company has not withdrawn it, and you have not passed the validy date of your H-1, then you are not out of status. You have been "benched," because there are no projects and you are not being paid. Companies cannot do this! It is ILLEGAL, and you are being taken advantage of. While the H-1 is valid, they must pay you until it is withdrawn. You could sue them if you wanted for your pay! But many companies take advantage of the fact that H-1 workers would rather stay in the U.S. than make a fuss and anger their company. Consulting companies are notorious for this trick. Just watch...in the future the INS will crack down on consulting companies.