Question details
I have a question on the unpaid leaves when outside USA while on H-1. I am on H-1 and recently went to India for stamping which was completed without any problem. I had paid vacation of 2 weeks, which I had already used and stayed in India for a month which is not going to be paid. My employer is saying these will be unpaid leaves and won't be running paychecks for these leaves and is mentioning that this won't be a problem in future as this is legal. I want to take legal opinion from you regarding what the law says in the above situation. <p>
1. If I am out of US on unpaid leaves and won't get paid, will there be any issues on my H-1 status in future for transfer or GC? <br>
2. If due to unpaid leave, W2 is less than the LCA, will it be a problem? If yes, what documentation we can show to USCIS to clarify to them why it’s less?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=ujMQ79pgzX8#t=1516
FAQ Transcript
If you are on H-1, sometimes people ask me, I want to maintain status even though I am getting laid off. Can I be on unpaid leave and does maintain status?
Rajiv , I have an account with Immigration .com . Couple of day back I stamped my GreenCard . Iam happy about it and wanted to let you know that the team behind it are great people , a handful of excellent employees , don't you want to know about them ....they are Diane , Lakshmi and Leila . They are outstanding with their services , never I had to ask anything for second time , all feedback they gave me in 24 hrs. and they all kept me posted on the latest about my case . Rajiv , you have a great team , Iam sure you will be proud about them . I never knew doing Geen Card was so easy at Immigration.com . Thanks to you and big thanks to your team . GoodLuck and I will be in touch . Best wishes !!! Ranjit 510-209-5379