Loss of Pay time off on work visa

Cisco
PXeM75

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PXeM75
Sep 24, 2019 8 Comments

I hold an H1 visa and do not have a lot of time off accrued, instead I hope to be on Loss of Pay time off while I am traveling to my home country for a month. I will have my visa stamping appointment during this travel as well. My manager is fine with this arrangement. Is this allowed by USCIS? does anyone have personal examples of when they have done this and if so, how was your experience dealing with USCIS after that?

TLDR: As an employee on H1 visa, can I go back to my home country for about a month on loss of pay?

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TOP 8 Comments
  • Taylor Farms
    azerty_

    Taylor Farms

    azerty_
    In other words you wanna take unpaid vacation?
    I personally think it should be fine, because you are still employed for the petition sponsor. For visa stamping, make sure you have the 3 most recent pay stubs with you.
    Double check with your attorney though. Not a legal advice, just opinion.
    Sep 24, 2019 0
  • Yea, you can. Take unpaid leave. No issues. You are only required to be employed while within US
    Sep 24, 2019 1
    • Cisco
      PXeM75

      Go to company page Cisco

      PXeM75
      OP
      So unpaid leave while in the US would not be allowed? So start unpaid leave once outside the country and resume work before entering the country?
      Sep 24, 2019
  • Cisco / Eng
    OrdoAbChao

    Go to company page Cisco Eng

    OrdoAbChao
    yes you can
    Sep 24, 2019 1
    • Cisco
      PXeM75

      Go to company page Cisco

      PXeM75
      OP
      Is there a special classification or status that I have to be on to do this legally? Or does USCIS not care and it’s just between me and my employer?
      Sep 24, 2019
  • Yes, totally fine. I have done that at least twice. No issues.
    Sep 24, 2019 0
  • New
    sdyo30

    New

    sdyo30
    Have always gone on a paid vacation, unpaid is not possible at all in h-1b. Please contact an attorney. Don’t risk.
    Sep 24, 2019 0