Need help on H1b visa status

[kcp]

Hi,
To the senior members of this forum, we have read your answers and found helpful.
My friend, has not been laid off by employer as she is still getting paid for health insurance and 401k, but not the regular salary. As the employer wants her back in two more months, he put her on No Pay for time being. What would be the current status now? Thanks

[orion]

Is it possible to do that? Pay only for 401k and health insurance? Sounds weird to me. Seems she is outof status without the work and pay as mentioned in her petition.

[kcp]

Thank you for your reply. yeah it sounded weird to me as well. Even when she insisted the employer if she might be outof status, the employer responded it wouldn't be a problem as he is still paying the medical under the company's name.
If it is out of status can transferred be made to F1 visa now or will it be too late as she has not getting pay for almost a month.

[txh1b]

It is possible to have an employer-employee relationship. As per the legacy USCIS, as long as that existed, the person was in status. This was heavily abused for benching without pay by consulting companies and USCIS has been strict these days about this.

[kcp]

Thanks for your reply txh1b.