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  1. #1

    Default Leave of absence on h1B

    Hi there,

    I am on a H1B and work for a fortune 500 company and I am planning to go on a leave of absence close to 100 days ( purely for personal reasons) not for medical etc. Also my employer is not asking me to do this also I will have my same job once I am back from my vacation. I have a few questions regarding this.

    1. Am I allowed to do this and will I still maintain my status?(This is leave with loss of pay but I will be on the payroll)

    2.My employer is really worried that they may violate the H1B rules if they allow this, is that true ? In that case they want me to leave the country if I am taking such a long vacation.

    3.Is it advisable to change to B2 and and then to H1 for this period? Will COS work in both cases i.e from H1 to B2 and B2 to H1.


  2. #2
    Join Date
    Apr 2008
    Alien from Mars


    LOA as such when genuine is not a problem. But the abuse by consulting companies has made it a big problem and USCIS is looking at every LOA situation with a microscope.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.http://www.immihelp.com/visas/h1b/h1-visa-faq.html

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