Adjunct faculty with H1 approved and visa stamped but what about my summer status?(no courses, no payroll)

Question

Adjunct faculty with H1 approved and visa stamped but what about my summer status?(no courses, no payroll)

Anonymous Jan 13, 2015 5 views 3 answers

I am an Adjunct and got my H1 approved, also I traveled to India this break and got my visa stamped (3 yrs). My employer is willing to resume my teaching back in fall 2015 but no courses and pay in summer. Will I still be in status? or I have to do H4 and then then come to H1 (which seriously doesn't make sense when my petition and visa is stamped from the same employer!!!). Please if I can get clear advice in this case, Thanks!

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Answer 1 · 2026-06-15T13:09:30+00:00

You indeed need to ask this question of your employer and their lawyers. For your type of occupation, summer break without pay might be considered a valid employment period. "Might be" is the operative phrase here since benching is generally not allowed.

Ruben Martinez · Answer 2 · 2026-06-15T13:09:30+00:00

Generally, a break during the summer semester will not place you in unlawful status so long as you resume teaching in the fall. You can verify this with your petitioner's attorney.

Robert Louis BrownImmigration AttorneyCleveland, OH · Answer 3 · 2026-06-15T13:09:30+00:00

Robert Louis BrownImmigration AttorneyCleveland, OH

Robert Louis BrownImmigration AttorneyCleveland, OH · Jun 15, 2026

Speak with your attorney that filed the H-1B on behalf of your employer. The answer depends on what was in your filing.

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Adjunct faculty with H1 approved and visa stamped but what about my summer status?(no courses, no payroll)

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