Can I take leaves on loss of pay while in H1B ?

Immigration 6 views 3 answers
I am planning to visit my country for 3 weeks while I m on H1B working as fulltime . I don't have any PTO accrued yet so that I can take 3 weeks PTO. So if I go on loss of pay ,will it have any implications towards My H1B status ? And also while I return from my country will there be any problem at Custom border protection CBP I queries as I had gone on loss of pay?

Attorney Answers

3
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
No "benching" of any kind is allowed while on H-1B status. You could be deemed to have "fallen out of status" without you or your employer realizing it, until it's too late. Speak with the employer's immigration attorney(s), but avoid broaching this subject or anything at all with the "HR' department or any "immigration team" who are not licensed lawyers and who will not know what the laws in this regard are.
0 upvotes
Tripti Sharma ·
You should be fine to travel without pay
0 upvotes

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