Can a person on H1B choose to take an unpaid leave of absence without falling out of status? What are the conditions for this?


elixir86

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Hi Experts,

 

Can a person on H1B choose to take an unpaid leave of absence without falling out of status? What are the conditions for this?

What should be the format of approval for this and should it be an email approval or physical copy approval?

Can the approval be taken after salary(less than LCA) is credited? Please guide.
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In principle, a leave of absence at the free request of the employee is allowed.

However, there has been lots of abuse, with shady employers essentially telling the employee to file a leave of absence when they are on bench without a project, which is illegal.

So, USCIS nowadays becomes very very suspicious when there is any leave of absence. In practice, unless there is an illness involved with doctor's note or a hospital stay, it is pretty much impossible nowadays to have an unpaid LOA on H1.
 

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Hi Experts,
 
Can a person on H1B choose to take an unpaid leave of absence without falling out of status? What are the conditions for this?
What should be the format of approval for this and should it be an email approval or physical copy approval?
Can the approval be taken after salary(less than LCA) is credited? Please guide.

 

There is no unpaid leave on H1.

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