H1B COS..no paystubs for 5months

[catchaparna]

Hi,

I am a F1 (student visa) to H1B visa candidate(effective Oct 2008). I came to India (still in India) in Nov and got my H1B stamped which is valid until 2011. However, my paystubs aren't running from Nov(past 5 months). It is because , I haven't made up my mind to take an offer on hand in India or go back to the US and find a project. I told my employer two months back that I would be staying back in India.

Questions:
1. Can I use this H1 visa to go to the US for couple of weeks? Or do I need to have the pay roll running to go to the US on this visa.
2. If no , what are the options ...do i have to apply for a visit visa or get back my payroll running?
3. Will I face any problems at the immigration if gap in the payroll?

Thanks

[Subramanya]

I am a F1 (student visa) to H1B visa candidate(effective Oct 2008). I came to India (still in India) in Nov and got my H1B stamped which is valid until 2011. However, my paystubs aren't running from Nov(past 5 months). It is because , I haven't made up my mind to take an offer on hand in India or go back to the US and find a project. I told my employer two months back that I would be staying back in India.

Questions:
1. Can I use this H1 visa to go to the US for couple of weeks? Or do I need to have the pay roll running to go to the US on this visa.

---- If you intend visiting US for a couple weeks using a H1 visa for that purpose will be considered as an immigration fraud, unless you join the employer and work for them

2. If no , what are the options ...do i have to apply for a visit visa or get back my payroll running?

---- Yes, apply for a B1/B2 visa and then visit US. But ensure that you do not work for your employer while you are on this visa status

3. Will I face any problems at the immigration if gap in the payroll?

---- If the gap in payroll is due to being out of the US, then you're OK. otherwise it is a major issue during H1 extensions, transfers and GC processing

Subramanya

[catchaparna]

Thanks for your reply Subramanyam.

As I am still in India ....if I apply for Visit Visa (B2) will my H1 be canceled??? I mean can I still use my H1 that is stamped in future (if i start working for my employer again) or will i have to go for stamping again?

[Subramanya]

As I am still in India ....if I apply for Visit Visa (B2) will my H1 be canceled??? I mean can I still use my H1 that is stamped in future (if i start working for my employer again) or will i have to go for stamping again?

---- Normally, the H1 will not be cancelled unles the Vo suspects some strong foul play and your intentions as expressed during an interview

---- You can use the H1 visa as long as it is valid even if you change employers

Subramanya