回複：Can I leave 1-2 month without pay while I485 is pending?

It is critical for employers to understand the H1B LCA requirements and execute them properly. If an employee will be benched because there is no work, the employee must be paid the required prevailing wage indicated on the H1B LCA and the H1B petition. Otherwise, the employee must depart the U.S. or the employer must terminate the H1B employee. The employer should properly document such termination and err on the side of caution in notifying the USCIS to avoid continued monetary penalties. If an employee legitimately needs unpaid leave for family emergencies or otherwise, as allowed under the Family Medical Leave Act, then this fact must be accurately documented.