L1 and H1 out of status issues

[freemail]

TxH1B,

1) Suppose an employee is having an H1 / L1B visa and living in the US but not working on H1 for 2 - 3 months (not paid also) due to ill health. Can this be a reason for accumulating our of status issue ?

2) Till how long can someone survive in the US by NOT accumlating the out of status issue on L1 /H1, if the employee is not being paid ? I heard it's 3 months. Is this true ?

Thank you.

[txh1b]

1. A documented illness with supporting treatment from the health care provider does allow a LOA without pay. Most reputed employers have Short Term Disability Insurance that pays for such incidents for upto 6 months.

2. One cannot just stay without getting paid as it is illegal. Benching without pay (and trying to hide it with medical reasons) are well known to USCIS and will not fly for any period of time. No time limits for genuine reasons.