I am currently on H1B, with my I-94 valid through 2026, and my employer had advised me I am eligible to take 3 months of unpaid leave through the Family and Medical Leave Act (FMLA). If, at the end of my leave, I decide to change to H-4 status (or change employers), is that permissible?

Answer

An H1B worker typically is entitled to take FMLA leave to the same extent as any other similarly situated employee at that company. So, assuming you are eligible for FMLA, you would normally be viewed as having maintained H1B status throughout the FMLA period, even if this period is unpaid.

At the end of the voluntary leave, you may resume working for your employer. Or, if you terminate your employment, you generally can apply for a change of employer or change of status, the same as a person can following any other termination of employment. Rather than providing pay stubs to evidence maintenance of status, you can instead submit documents showing you were on FMLA leave. (28.Feb.2024)

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