H1b & bench period

[Vishnus]

Hello,

I got my H1b this year through a desi company & its validity started from Oct'12. From then I have been trying to get a job , but there is no much openings & I am not getting much calls from any companies. Now its already been 2 months late & still didn't find anything. I am losing my hope everyday. I am trying my best from my side, but nothing is working out. I want to know, whether I would be out of status by this time & how long can I still take to get a job because this being year end, I don't think I may get much openings to give an interview. Do I always need to be in pay, my employer is not concerned on this and I have read somewhere that he is also responsible & it is duty to run the payroll for all run payroll hence he will be answerable if there is any issue. I am not sure how far this is true and again that is his problem. I spoke with one of my friend & she said, she got her job only on april next year getting h1b on oct last year but I am worried will it create any problem in future.

Guys here, Please share your experiences how long can i be with out job in H1b status and what should I do to keep me in status(I know i need to get a job asap but nothing working out.)

Thank you.

[raghvi]

Hello,

I got my H1b this year through a desi company & its validity started from Oct'12. From then I have been trying to get a job , but there is no much openings & I am not getting much calls from any companies. Now its already been 2 months late & still didn't find anything. I am losing my hope everyday. I am trying my best from my side, but nothing is working out. I want to know, whether I would be out of status by this time & how long can I still take to get a job because this being year end, I don't think I may get much openings to give an interview. Do I always need to be in pay, my employer is not concerned on this and I have read somewhere that he is also responsible & it is duty to run the payroll for all run payroll hence he will be answerable if there is any issue. I am not sure how far this is true and again that is his problem. I spoke with one of my friend & she said, she got her job only on april next year getting h1b on oct last year but I am worried will it create any problem in future.

Guys here, Please share your experiences how long can i be with out job in H1b status and what should I do to keep me in status(I know i need to get a job asap but nothing working out.)

Thank you.

On H1 if your are not getting paid and payroll is not running you are out of status. Technically you are out of status since 01-Oct-2012. At the same time your H1 employer is legally bound to pay you salary as per the LCA if they are not you can and should complain to the DOL as soon as possible. After all, they are the ones who petitioned to USCIS claiming they have a job for you. First write a mail to your current employer and tell them that they are leavign no choice but for you to go to DOL if they dont pay you.

You should Avoid out of status period. A long out of status period will eventually show up in your later visa processing, and GC processing and can cause problems later on.

This is my opinion not legal advice.