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arpita.k20

Can I be on leave without pay on H1B visa?

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Hi,

I am working on an H1B visa in the USA. Due to the current situation of COVID-19 my company will be putting me off the payroll for a few weeks.

1) Does going off the payroll for a couple of weeks violates my H1B status(Will I be going out of status if my company put my payroll on hold)? For how many weeks can I stay without getting paid from my employer?
2) If I am not paid, on H1B, am I considered as unemployed? Do my 60 days grace period clocks start once I go off the payroll?
3) If I am on leave without pay, do I still get my medical benefits from my company?

Thanks & Regards
Amey P

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I guess on H1B you have to get paid. There is no concept of bench and not running any payroll. Talk with your employer.

If you are EVC model and you have client project now and you are working for client you must get PAID. Employer cannot ask you to continue work and they will not run payroll siting virus...

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It essentially means you are laid off. You have up to 60 days to be hired back or find another job.

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