Reduced Pay Leave of Absence

[username2018]

Hi, how does a semi-paid leave of absence for 4 months that involves a reduced pay salary affect one’s H1B status? Is a person under such circumstances allowed to spend part of the time in the US and the remaining time in India? I also have a pending I-140 with my company. Will the semi-paid leave of absence impact any of this? If so, what documentation is needed? Are there any risks involved or any visa amendments  required for my H1B? Thank you! 

[xTDx]

Usual week or two unpaid leaves are okay. However,  a 4 month leave of absence will require you to be paid as per the LCA. Even if you are working from another country. In short, as long as your h1b petition is active , you must be paid as per the LCA. If your reduced salary matches LCA, you should be okay. 

These questions should be presented in front of your employers attorneys.  

[username2018]

Thank you so much for the clarification. I really  appreciate! Could you please clarify how to determine the salary based on my LCA? Is there an easy way to look it up? Does the LCA salary change over time? I will not be working during this time and will be paid a part of my salary so I will have to make sure it matches or exceeds the salary listed in the LCA. In case it doesn’t, is there any way around it? Can the H1B be amended or do I have any other option? I also have an approved I-140 with a priority date which is not current. Will there be any impact on this? If I stay part of the time in the US and the remaining time abroad, what are the potential ramifications? Thanks very much!

[username2018]

Thank you so much for the clarification. I really  appreciate! Could you please clarify how to determine the salary based on my LCA? Is there an easy way to look it up? Does the LCA salary change over time? I will not be working during this time and will be paid a part of my salary so I will have to make sure it matches or exceeds the salary listed in the LCA. In case it doesn’t, is there any way around it? Can the H1B be amended or do I have any other option? I also have an approved I-140 with a priority date which is not current. Will there be any impact on this? If I stay part of the time in the US and the remaining time abroad, what are the potential ramifications? Thanks very much!

[JoeF]

4 hours ago, xTDx said:

Usual week or two unpaid leaves are okay. However,  a 4 month leave of absence will require you to be paid as per the LCA. Even if you are working from another country. In short, as long as your h1b petition is active , you must be paid as per the LCA. If your reduced salary matches LCA, you should be okay. 

These questions should be presented in front of your employers attorneys.  

If the person is not in the US, the person by definition is not in any status. So the H1 rules about getting paid all the time don't apply.

In the US, the person has to get paid all the time.

[JoeF]

1 hour ago, username2018 said:

Thank you so much for the clarification. I really  appreciate! Could you please clarify how to determine the salary based on my LCA? Is there an easy way to look it up? Does the LCA salary change over time? I will not be working during this time and will be paid a part of my salary so I will have to make sure it matches or exceeds the salary listed in the LCA. In case it doesn’t, is there any way around it? Can the H1B be amended or do I have any other option? I also have an approved I-140 with a priority date which is not current. Will there be any impact on this? If I stay part of the time in the US and the remaining time abroad, what are the potential ramifications? Thanks very much!

The employer had to give you a copy of the LCA when you started working there and when it is updated.

[pontevecchio]

As long as you are in H1 status you need to be paid as per the LCA at the very least. If you are out of the country, you are NOT in H1 status and need not be paid.

[username2018]

Thank you all so much for the clarification. Appreciate it.