H1B on bench

[pradipsignin]

Hi
I am working on H1-b visa in contracting job, and I am not in a project since last month march 2009. Now No job/project.

Q: How many days I can stay on H1 in us without running payroll?
Q: Do Employer need to run my payroll when if I will be in India?
Q: And If I am in India for 8 months, will that time period will count in my H1 duration in USA ( that 8 months are include in that 3 years) or it will be plus time, as I was not present in US (3year+8month)
Q: What you suggest if someone on bench?

Thank you

[Subramanya]

I am working on H1-b visa in contracting job, and I am not in a project since last month march 2009. Now No job/project.

Q: How many days I can stay on H1 in us without running payroll?
Q: Do Employer need to run my payroll when if I will be in India?
Q: And If I am in India for 8 months, will that time period will count in my H1 duration in USA ( that 8 months are include in that 3 years) or it will be plus time, as I was not present in US (3year+8month)
Q: What you suggest if someone on bench?

---- If you are in the US without a job your status is illegal and your employer has to pay you all the time even while you are on bench

---- If you are in India you can recapture the time period when you apply for H1 extension while you are in the US

Subramanya

[pradipsignin]

Thank you Subramanya for your prompt and perfect answers.