Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Source: USCIS
I have found this a long time ago and wanted to get some feedback from some lawyers on some other forums, but nobody replied to it. The USCIS cleary says that you do not have to be working for the employer to be in status. So, why do they ask for latest pay stubs when somebody wants to transfer H1B?
I would like to hear your opinions on this matter. Thanks.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Source: USCIS
I have found this a long time ago and wanted to get some feedback from some lawyers on some other forums, but nobody replied to it. The USCIS cleary says that you do not have to be working for the employer to be in status. So, why do they ask for latest pay stubs when somebody wants to transfer H1B?
I would like to hear your opinions on this matter. Thanks.