Can I maintain a legal H-1B visa status if I do not work for half of a year?

S

Seema Gupta

New Member
I am in US on a part-time H-1B 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 continue graduate course at the university. Can I do that or do I have to switch to an F1 visa? I think going to school as a H-1B 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!
 
An H1b employer's obligation to pay is controlled by what was stated in the LCA filed with USDOL and continues for the entire term. Short period of unpaid vacations, if the norm, is OK (as long as the yearly salary mentioned or hourly rate of pay remains the same). There is no 'benching' allowed. I would take a look and see what was stated in the LCA and in the petitioner's support letter to the USCIS. Those terms and conditions should not be violated. If you mean your actual work was concentrated in the first 6 months, but you continue to received pay stubs throughout, you are probably not violative. But, again, one hopes the company did not misrepresent the situation in the H1b filing.

If you have anymore questions, please feel free to email me: hilglaw@gmail.com

Good Luck!
 
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