Can I take unpaid leave on H-1B?

Employer
January 01, 2026
1,791 views

Answer

Unpaid leave on H-1B is generally not allowed:

  • H-1B requires full-time employment and payment of prevailing wage
  • Extended unpaid leave may violate H-1B requirements
  • Short leaves (vacation, sick leave) with pay are fine
  • FMLA leave (if eligible) may be acceptable

Alternatives: Use paid time off, discuss with employer about options, consider part-time H-1B if needed long-term.

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