pro2323 Posted October 26, 2023 Report Share Posted October 26, 2023 I'm currently on approved unpaid medical leave and want to transfer my H1B or file a new petition with another employer. My H1B started on 10/01/2023 and I started my unpaid leave sometime in Sept 2023. I have 2 most recent zero-dollar paystubs (containing H1B tax deductions) that I have submitted to the new employer. I do have the official i-797 as well as an employment verification letter in place to prove my employment. Would that cause an issue with the H1B transfer? Quote Link to comment
Attorney_24 Posted October 27, 2023 Report Share Posted October 27, 2023 Generally, DOL and USCIS interpret unpaid leave related matters differently as DOL focuses on employer's liability to pay wages and USCIS looks into whether the foreign national has been maintaining valid non immigrant status or not during the leave period. Reasons for leave, supporting documents etc. are all looked into and decision on the status benefit request will be discretionary based on the facts and circumstances of each case. Quote Link to comment
pro2323 Posted October 30, 2023 Author Report Share Posted October 30, 2023 Thanks for the reply. I took medical leave for my mental health and submitted documentation from my doctor to my current employer. The employer filing for the H1B transfer hasn't asked anything yet regarding the paychecks, so I'm not sure if I should let them know about the same. Also is there a way I can check whether I'm on valid status or not apart from asking the immigration team of my current employer? Quote Link to comment
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