Posted by: dipulata November 13, 2008
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Hi Superexchange ,
I am in the same situation like you are.I've my H1 b effect oct1 08 but no job. there is no trainings or marketing from my employer but they hold my original H1 paper so that if I get job on my own they can make some money. I tried to go through some interviews on my own but its not helping . I've tried jobs in my own field as well as in computer related but no success at all. Regarding your question even if your dhoti dont run your payroll you would still be in status. there is no direct relation between INS and IRS (but there might be problem while filing green card).
Does an H-1B worker have to work all the time to remain in status?
No. The USCIS considers that holders of H-1B visas remain in status as long as the employee/employer relationship continues to exist. As a result, H-1B workers may work part-time (as long as there is an approved amended I-797), as well as full time, and may go on vacation or sick leave, or maternity/paternity leave, so long as the employee/employer relationship is considered intact.
eventhough you dont have paystubb u would be considered as in a sick leave. In your case your employer is threatening to cancel your H1 which would immediately put you out of status. I would suggest you to file a case against your employer before they cancel your H1. if your employer wont cancel your H1 try jobs for another 2-3 months as it might be too early to get frustrated. I dont know about process to join back to school if you know please let me also know. If you dont plan to go back to Nepal apply for canada as plan B.
good luck