A person on H1b status working full time for his company. In case of family emergency, if he wants to take "5 months" leave from company, then is it true that the company is still suppose to pay monthly salary to that person in order to maintain H1b status although he isn't working at all ?. We have approx 20 days paid leave and if that is finished then what employer is suppose to do regarding pay stub for remaining duration?. Is employer still suppose to pay to maintain h1b status. Please clarify.
You should consult with your employers attorney
JUST BECAUSE I ANSWER YOUR QUESTION, THAT DOES NOT MAKE YOU MY CLIENT.
The employer may withdraw your petition. The employer and you may document unpaid family leave. Contact your immigration attorney.
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An employer is not required to pay you if you will not work.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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