Leave with Loss of Pay

[bindu.vissa]

Hello

I am working for my employer who is currently based in Texas. and I am working from home from CA.

in Jan,i am travelling to india for personal purposes. My question is ,

Can i go to india for 5 weeks on Loss of pay while i am on H1?

Do i have to submit to my employer some kind of letter,other than the usual Permission?

I am currently having issues with my employer. I am not interested to work with them. I am doing some other courses,so that i can quit as soon as possible.

But can i Go back to H4. and complete my courses and suppose if i get a job , and somebody is ready to sponser my H1,then is it going to be a difficult process to my H1 back ?

Thanks

Bindu

[pontevecchio]

Yes. You can change status to H4 here or leave and come back with the H4 visa if your spouse is in valid H1 status. If you do not like the job, leave.

[t75]

You are not in any US status while out of the US so payment requirements are no in effect.

If you return on H4, you can return to H1B upon receiving approval notice and new I-94

[krialta]

Loss of pay during vacation while out of country should not matter. If you find a job and employer who does cap exempt you have nothing to worry about.

[rahul412]

Can i go to india for 5 weeks on Loss of pay while i am on H1?

Usually on H1, employee should be paid every month but at the EOY your w2 salary should be equal to the salary mentioned on LCA

I am currently having issues with my employer. I am not interested to work with them. I am doing some other courses,so that i can quit as soon as possible.

But can i Go back to H4. and complete my courses and suppose if i get a job , and somebody is ready to sponser my H1,then is it going to be a difficult process to my H1 back ?

Its better to avoid these kinds of employers ASAP. Better go back to H4 and then apply for H1 once you get another job.

[bindu.vissa]

Thank you for the Replies..I am half relieved