Leave of absence (unpaid medical) while on H-1B visa


RM29

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Hello,

I am currently working on H-1B visa but due to my medical health condition, I need to take Leave of Absence. I have been with this new current employer for only 3 months so I am not eligible for most leave benefits offered by my employer. I wanted to check on below:

 

1) Can I take unpaid medical leave of absence and be legally in H-1B status with my current employer?

2) If so, how long can I take this leave for?

3) I am almost on my 6th year of H-1B (expiring in 07/2017) and this new employer already started my GC processing. LCA is completed and they are moving to next stage. Will this leave of absence impact GC process?

 

Any advise on above is greatly appreciated.

Thanks,
RM

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Leave of absence is scrutinized nowadays fir people on H1, due to massive abuse nu shady employers.

With appropriate paperwork from the doctor it should be ok, though. Make sure you keep all that paperwork, because it may be requested again in the future to show the LOA was legit.

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