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Immigration Issues/Leave period for h1 visa holders


Dear Sir,

1) My employer has agreed to grant me leave for 30 days without pay. I will be travelling to home country (India), will I get out of H1 status if the leave period is 30 days?Is there a rule for time period of leave

2) I started work in Oct 2007 I have been paid 3 months. Do I need to present bank statements showing salary credits or can I just show all my paystub copies inorder to re-enter USA on H1 status to prove employment?

3) Do I need to present W2 form? (I have not filed taxes yet since its only been 4 months)

4) Can H1 to F2 filing be done while the primary applicant(F1 holder) is on OPT status? Can the status be changed in mexico or canada


1. Yes, there is no time period as long as the H job is still open to you upon your return.
2.  If your H visa is already stamped then you need to show a letter of current employment.
3.  No.
4.  Yes, you could if he is still on OPT.  You could apply for this in Mexico or Canada but I doubt they will give to you based upon the short period of stay of the OPT period.
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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