Sabbatical on H1B

[prakash1339]

Hi all

 

Both me and my wife are on H1b visa. She has her visa valid till 2017.

Due to some personal reasons she wishes to take a sabbatical (unpaid leave) for 2 months and then rejoin the employer.

She will still have insurance coverage with the employer and will be on the employee list.

 

Is this possible?

 

If possible, can she stay in US or should she leave US and return back.

 

Thanks..

 

Prakash

[ashuneel]

Shee needs to leave US as there is no unpaid leave if you are in the country on H-1B.

[jairichi]

If she is planning to stay in US then there is no unpaid leave on H1B.

If she plans to be outside US then she is not on H1B and so she can be unpaid.

[zoofi77]

she must leave USA and come to india to keep herself in valid status. Otherwise at the time of extension USCIS will ask for the missing pay stubs. This is very common these days. USCIS is consistently denying COS based on the fact that they were not getting paid for a month or two.....

B careful.

[rahul412]

There is no unpaid leave on H1.

[JoeF]

Due to abuse of the rules by shady employers, a leave while staying in the US is nowadays pretty much impossible.

[prakash1339]

Thank you all for the replies.

 

One last question. If she leaves to India and comes back after a couple of months, will there be any problem at immigration.

 

Does she need any proof that she still has the job and she was on vacation?

 

Thanks.

[jairichi]

Thank you all for the replies.

 

One last question. If she leaves to India and comes back after a couple of months, will there be any problem at immigration.

 

Does she need any proof that she still has the job and she was on vacation?

 

Thanks.

As long as H1B petition is not revoked she will be fine to enter with a valid H1B visa and I797.

[rahul412]

Thank you all for the replies.

 

One last question. If she leaves to India and comes back after a couple of months, will there be any problem at immigration.

 

Does she need any proof that she still has the job and she was on vacation?

 

Thanks.

If she is entering on H1, then obviously she should have job.

[ashuneel]

letter of continued employment from employer will do.

[prakash1339]

Perfect.. Thank you all..