Dear members,
I need some suggestion. One of my friend he travelled to USA on 25 Jan 2025 on his H1B visa but he is not getting paid until now. So I wan to understand how long he can stay in USA without getting salary. There are some agreement in between him and employer that he will get paid once he will get any project or client. Should he leave USA of max 60 days and if he continue to overstay of 60 days and later he is going to his country and returning again to USA will he questioned at port of entry?
Please suggest what should he do if employer is not paying his salary, how long he can stay in USA?
He and his employer are already in violation of the H1B employment terms. Notcworking and not getting paid means there is no bonafide H1B job on basis of which your friend traveled to the US and entered using the H1B visa.
He needs to depart the US asap.
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I got i797 approval for H4 Visa until Decmeber2027. But however, I had to travel and return back to USA in April 2025 but at port of entry they just checked the previous visa on passport which was valid until June 2025 and allowed me. Therefore, they issued i94 with last admit date until June 2025 which nullifies the latest visa approval. However, there is new i797 approval notice on same visa type approved until 2027 and what will be my current visa status. What are ways to get it rectified. When I approach CBP Deffered center for correcting i94 dates, they tell me to check with employer. But I am not current working at all. Kindly advise.