Can I maintain legal H1B status if I do not work for half a year?

[firegoblet]

I am in US on a part-time H1B visa. I am working in TV industry and the show runs on a seasonal base. We just wrapped up this year's work which means I will not have to work for the next 6 months until the next year's show begins. My question is: can I stay in US legally for these "vacant" 6 months（without any working hours and wages from my company）?

Besides, during those 6 months, I am planning to go to a college to take some classes. Can I do that or do I have to switch to F1? I think going to school as a H1 make economical sense because I will be counted as an in-state resident and charged less for tuition.

I did some research and found out that USCIS has no rules regarding the minimum hours for a part-time H1B, so I need some legal advice on this issue. Many Thanks!

[shervin143]

I am in US on a part-time H1B visa. I am working in TV industry and the show runs on a seasonal base. We just wrapped up this year's work which means I will not have to work for the next 6 months until the next year's show begins. My question is: can I stay in US legally for these "vacant" 6 months（without any working hours and wages from my company）?
>>> No. You cannot. When you are in H1B, you should be working and getting paid to maintain your H1B status. Otherwise you will be considered to be out of status on H1B.

Besides, during those 6 months, I am planning to go to a college to take some classes. Can I do that or do I have to switch to F1?
>>> You have to switch to F1 to do that. A COS from h1B to F1 is not possible if you do not have your latest payslip from H1B. Once you are out of status, a COS to F1 is not possible.

I think going to school as a H1 make economical sense because I will be counted as an in-state resident and charged less for tuition.
>>> You are allowed to study in H1B, but you should also work and get paid. H1B is not for studying. Its primary intend is for working (skilled professional).

I did some research and found out that USCIS has no rules regarding the minimum hours for a part-time H1B, so I need some legal advice on this issue.
>>> USCIS might not have any legal rule regarding the part time H1B, but they still expect you to get paid as per the approved LCA. IF you do not get paid or if you get paid less than the approved LCA that is associated with your H1B, you will be in trouble.