Unpaid leave while staying in USA with H1B

USA H1B
1

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?

Thanks!

2

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

3

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

4

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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5

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

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