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anirudh3231

H1b Leave of Absence

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Hello ,

I have a question on the leave of absence on h1b.Currently i have an h1 which is valid until 07/2021 and also have my visa stamped. I have a few things which i need to take care at my hometown and i'm thinking of taking leave of absence when i travel outside of USA for 2 months.

1.)Is leave of absence possible on h1b while staying outside of USA without employer running the payroll and how long can i stay?

2.)If i take leave of absence  ,what document do i need to take from my employer?

3.)Will this effect in any other future immigration processing like for filing a GC?

please share your experience if any of you had taken leave of absence on h1b without employer running the payroll.

Thanks

 

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3 hours ago, anirudh3231 said:

Hello ,

I have a question on the leave of absence on h1b.Currently i have an h1 which is valid until 07/2021 and also have my visa stamped. I have a few things which i need to take care at my hometown and i'm thinking of taking leave of absence when i travel outside of USA for 2 months.

1.)Is leave of absence possible on h1b while staying outside of USA without employer running the payroll and how long can i stay?

2.)If i take leave of absence  ,what document do i need to take from my employer?

3.)Will this effect in any other future immigration processing like for filing a GC?

please share your experience if any of you had taken leave of absence on h1b without employer running the payroll.

Thanks

 

1. Once you step outside US you can stay out for as long as you want. Outside US no need of running payroll.

3. Nope.

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1.)Is leave of absence possible on h1b while staying outside of USA without employer running the payroll and how long can i stay?.. I am not an expert but your employer must run your payroll every month since he/she must give you paid vacations. If there is a way I am sure 2 months is too much.

2.)If i take leave of absence  ,what document do i need to take from my employer?

3.)Will this effect in any other future immigration processing like for filing a GC? ... may be since now they are scrutinizing everything.

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If you are outside the US you are by definition not in any status, so the H1 rules don't even apply. When you enter you may want to have a recent letter from the employer stating that the job still exists.

A LOA inside the US is problematic due to abuse by shady employers who illegally forced people to take a LOA to avoid paying them on bench.

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First discuss with your employer to see if they can allow you to go on Long leave  .  If yes then you don't need  payroll as it is unpaid leave which your employer has approved. Make sure once you are back  to US you have a project assigned and getting paid .

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