1) Can a person on H1B choose take an unpaid leave of absence without falling out of status? If yes, what are the conditions for taking such leave?

2) I have heard that maternity/family/sickness are qualified reasons. Is taking LOA also viable to take to look for a new job?

3) Is the length of LOA limited?

Thank you for your help in advance!

LOA initiated by either employer or employee allowed with certain limitations.

Employee initiated LOA allowed as noted above including FMLA. USCIS determination of your status depends on whether there is an expectation of continued employment beyond the LOA. If there is, then you are in status. If you are looking for other employment and there is no expectation of continued employment with the H-1B petitioner at the conclusion of the LOA, you are not (with some time-limited exceptions).

Please consult with an experienced immigration attorney to discuss your situation in detail. If this was helpful, rate this answer. Good luck!

Pursuant to the H1B program you will have to notify your employer of the leave of absence and the employer must take note of this in his employee file, as he is still responsible to pay you wages according to the LCA, if the employer does not terminate your h1b visa while on leave and allows you to come back you will be fine.

Kumar paturi esq
h1bfirm.com