Unpaid leave while staying in USA with H1B

Hi @anil_am22,

I am currently on H1B and residing in USA. Due to personal reasons i have to take 3-4 weeks leave but had few que on this,

  • Employer wont pay if i take any leave so is it ok to be on h1b with no payroll running for a month?

  • Are there any limitations to take certain number of unpaid leaves while staying in USA on H1b? asking in terms of maintaining valid status and if i need to extend my leave period.

  • Since the payroll wont run, is it going to effect future employer changes, GC process?


Will the employer terminate the employment? Usually, unpaid leave is okay as long as the employment is not terminated.

no they wont terminate the employment but is there any restriction on the number of days that we can take unpaid leave?

In a nutshell, you will need to keep documentation to prove employee-employer relationship exist during the period of extended unpaid leaves that are not related to employment.

At the least get a letter from your employer stating that they keep you employed during the unpaid leave period. Other proofs like if there is a hospitalization, or a family event needing you to be away from work etc can be helpful in case of RFE.

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Thank you so much @anil_am22 and @Kalpesh_Dalwadi for the info.

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