H1B to L2 - Suggestions

[starlight]

Hi
My wife is currently on H1B and she needs to take a break from work. Her employer however has indicated that she would not be paid on bench.

1. Can she remain on bench(unpaid)? Will this make her go out of status ? I understand that the employer is legally bound to pay, but we are not very inclined to complain to DOL.
2. Can she get back on L2 by filing a I-539?

Thanks
Vinoth

[txh1b]

1. No. Yes. You will lose your status without pay and result in future immigration problems.
2. Yes

[starlight]

Thank you so much for the quick reply. I really appreciate it. Just an added quesstion, "Is there any other way(leave, vacaation) where she can remain in status but not be paid by the employer?"

[txh1b]

Not unless if there is a medical reason to substantiate the claim like a doctor's note qualifying for STD etc if on H1b.

[starlight]

Thank you so much.

[orion]

Whats STD??

[txh1b]

Short Term Disability

[orion]

Thanks.