H1B unpaid leave for 2 month as Administrative Processing in China


I was going back to China for my H1B stamp (Change visa from F1 to H1B), and it took 2 months as administrative processing.

I got payroll during the 2 months, and I come back to U.S for now, HR from company want to deduct the two months pay from my following payrolls.

Is that will affecting my H1B status, H1B extension in future or any H1B related cases?

(Also I am afraid my annually pay will lower than LCA request if they deduct money from my following payroll.)

I was asking to work overtime in following month to make up the time but they reject my proposal.
Could you please give any better idea to keep my visa safe?

Thank you so much!

Were you working for your employer on H1B status before going to China (for H1B stamp) or you were using F1 OPT to work?

I was working for my employer on H1B status before going to China as my H1B approved by Oct 2018, and I went back to China at Dec.

Deducting the payroll amount from your salary will not affect your future H1B as you were not on H1B status.

When you go out of US, you are not governed by US immigration law.

When you are physically present in USA on H1B status, that time should always be paid and your payroll should be run.

Thanks for your clarification.

One more question, So it is Ok if they deduct part of money for my following payroll, right?

For example, they deduct 1000$ per month for 10 month.

That depends on your employer on how they want to deduct it. It is between you and your employer.

What about being completely not paid at all when on H1B and outside US?

When you are outside US, you are not on H1B at all. Simple.

1 Like