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  • H1 stay without Job

    Hi ,
    I have recently applied H1 for my wife and she had got the approval on 8thFeb 2012 , but she has still not got the job .

    I want to know is there any legal time line (no of days) a person can stay in US on H1 without Job ?
    If yes ,what is the consequences ?Does the H1 gets rejected ?

    Any help will be greatly appreciated.

  • #2
    I want to know is there any legal time line (no of days) a person can stay in US on H1 without Job ?
    >>> 0 days. A person in H1B should always be employed and get paid to maintain the H1B status. Your wife is currently out of status on H1B.

    If yes ,what is the consequences ?Does the H1 gets rejected ?
    >>> There will be issues with future petition approvals, visa stamping and during GC process. It is not advisable to be out of status. The employer should pay her irrespective of whether there is a project or not until the time they revoke the H1B petition. If not, you can complain to DOL and make the employer pay to reinstate her H1B status. The best way to get back to H4 status is to leave the country and return back in H4 visa.
    Not a legal advice. Use of this information is strictly at your own risk.

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