I wanted to know if an H-1B employee can go on Leave Without Pay (LWOP) for lets two months and still maintain a valid status? Further to the question, under what circumstances/situations can a employee working on H-1B visa take Leave of Absence for couple of months, stay in United States and not have his immigration status affected?
Watch the Video on this FAQ: Leave without pay for H-1B / Status
Video Transcript
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
Discussion Topics: - AOS status through EB3 category - E2 Visa (Visa for Australian Citizens only) with spouse on E2D (E2 Dependent) with work not allowed - Dependant EAD (C36) - NOID in H1B-Extension - carrying green card while going to office, shopping, library etc.
USCIS recently updated the following form.
USCIS recently updated the following USCIS form:
Discussion Topics, Thursday 26 April 2018:
FAQ: Must I carry my green card with me at all times? ||H-1B and green card transfer from a non-profit organization to for-profit||Filing EB-5 investor case with a promissory note secured by property in a foreign country||At what stage should I join my future green card employer?||Child turning 21, immigration consequences for pending green card cases
Other: Compelling circumstances EAD after the age of 21 ||National interest waiver, J1 visa and physicians ||Immigration consequences of amending tax returns||ACICS Accreditation restored, effect on STEM OPT extension ||Advisability of travel using AVR – automatic visa revalidation ||Transferring H-1B quota case before first October ||Naturalization for a developmentally disabled applicant ||H4 EAD ||H-1B extension with PERM || Rules for AOS EAD extension, etc
I encourage you to sign a petition I have drafted at the request of our community urging the Obama Administration to reinstate reissuance of nonimmigrant visas (including work visas like H-1, student visas like F-1, and family visas) within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration will review it, send it to the appropriate policy experts in the administration, and issue an official response. Signing the petition takes only a few minutes.
Regarding Part 6 of Form I-129, does USCIS require a copy of the export control license if one is necessary?
No. At this time, USCIS does not require a copy of the export control license as part of the nonimmigrant visa petition process.
Will a petition be denied if an export control license is required but has not been obtained prior to filing the petition?
No. USCIS will not deny the petition on the basis that a license is required but has not been obtained prior to the filing of the petition.
Where can I obtain additional information about the export control regulations?
DOC’s Bureau of Industry and Security (BIS) administers the Commerce Control List (CCL) and is responsible for issuing licenses under the EAR. Information about EAR and how to apply for a license from BIS can be found at www.bis.doc.gov. Specific information about EAR’s requirements pertaining to the release of controlled technology can be found at
What kind of evaluation do I need for my non-U.S. education credentials?
The evaluation should be done by a professor in the related field of employment.
I encourage you to sign a petition urging the Obama Administration to reinstate reissuance of nonimmigrant visas within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration has promised to review it, send it to the appropriate policy experts in the administration, and issue an official response.