Transfering H1 to H4 and back to H1

[yoginisj]

Hi,

I am on H1 and it is valid till Sep 2009. I lost my project in Mar 2008 and looking for a project.
Because of the bad market, I am not able to get any project since then. I am 7 months pregnant and due in Jan. My employer came to know about this and wants me to transfer my status from H1 to H4. I was told that I can come back on H1 after the baby is born. This way I can have a reason for not having recent paystubs.
1. Is it advisable to transfer from H1 to H4 and again back to H1? If yes, do I have to go through the new H1 quota again ?
2. or should I still keep my H1 as it is ?
3. Has anyone gone thru this situation ?
4. As I am on bench since last 6 months, I want to start working immediately after the baby is born. Can the same H1 be valid ?

Please Help.!!
Yogini

[txh1b]

Benching without pay is illegal. Your employer is trying to reduce his liability to pay you. USCIS will not allow status changes as you are out of status. Complain to DOL.

[yoginisj]

Transfering H1 to H4 and back to H1

I am not on employed on salary mode, but on percentage mode. From the client I get some percentage and my employer keeps a certain percentage. Also if I get a job in Feb 09 can I work on my current H1 ? Also what do you mean by out of status? Can you please elaborate?

[txh1b]

These *modes* that you talk about will not fly with USCIS or DOL. Employer is required to pay as per LCA, project or not, that is the law. Get to understand immigration laws first before you embark on getting into a work visa.

On H1b visa- No work = No Paystubs = Loss of status + Huge trouble in the future

https://www.immihelp.com/h1b-visa-employer-violations-complaint-procedure/