h1 b risk of being out of status

[jay25oct]

hi all

 

i need an urgent help. currently i am on h1 b and my project is finished on sep 30. for some reason i have to come to india so since then i am in india. my current employer was running pay stub for me till november 15 but i need to extend my stay until dec 15. so my question is during the period of nov 15-dec 15 can my employer show me on unpaid leave / on vaction?

my current employer is saying that its not possible to show me on unpaid leave.

 

I am confused and worrying about being out of status without my notice.

 

please help me.

thanks

[JoeF]

Such fake leave is illegal.

You ALWAYS need to get paid while on H1.

Your employer can lay you off, but then they have to pay for your flight to your home country.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4.

[jairichi]

Yes, if you are in US there is nothing called unpaid leave on H1B.

[pontevecchio]

When you are out of the country he does not need to pay you or "run" payroll. He does not have to do anything.

[rahul412]

When you are outside the US then you are no longer on H1, so  no need of paystubs during that time.

[jay25oct]

hi

 

thanks for replies.

 

i work for consultancy and while i am on bench right now they run the payroll from my balance left towards consultancy. and its not fake leave, its a medical leave for which i am getting treatment in india.some says we can take leave means unpaid leave for up to 7 weeks and some says we cant take any unpaid leave. whats true?

 

please help me. i am in india right now since oct 1,2014. and i am worried about being out of status. i dont want surprise like i went to USA and at the port of entry they will say i have to go back because i am out of status.

 

 

plese help me with proper guidance.

 

thanks

[rahul412]

please help me. i am in india right now since oct 1,2014. and i am worried about being out of status. i dont want surprise like i went to USA and at the port of entry they will say i have to go back because i am out of status.

You are not out of status bcos you are not on H1.

[jairichi]

hi

 

thanks for replies.

 

i work for consultancy and while i am on bench right now they run the payroll from my balance left towards consultancy. and its not fake leave, its a medical leave for which i am getting treatment in india.some says we can take leave means unpaid leave for up to 7 weeks and some says we cant take any unpaid leave. whats true?

 

please help me. i am in india right now since oct 1,2014. and i am worried about being out of status. i dont want surprise like i went to USA and at the port of entry they will say i have to go back because i am out of status.

 

 

plese help me with proper guidance.

 

thanks

Outside US you are not on H1B status and so you can be on unpaid leave.

[pontevecchio]

In India you are not in H1 status. H1 status only applies here. They may ask you to leave if you do not have a job to return to.

[JoeF]

hi

 

thanks for replies.

 

i work for consultancy and while i am on bench right now they run the payroll from my balance left towards consultancy

 

Hmm, what "balance"?

You need to get paid for real, not some fake payroll. Fake payroll is a felony.

 

Your original post isn't very clear. It sounded as if you are in the US and needed to extend your stay in the US until Dec. 15.

If you are abroad, you aren't in any status to begin with, so there are no issues with salary.

[jay25oct]

hi whats the maximum period formedical leave one can take while outside usa on h1b? so that there is no need to run paystubs

[pontevecchio]

Outside the USA H1 is not material . yOU CAN TAKE AN YEAR OFF AND RETURN WITH PROPER PAPERS.

[rahul412]

hi whats the maximum period formedical leave one can take while outside usa on h1b? so that there is no need to run paystubs

Are you reading the replies or not??

When you are outside the US, you are no longer on H1. That means you are not on H1, so no H1 rules to be followed when you are outside the US.

[jairichi]

hi whats the maximum period formedical leave one can take while outside usa on h1b? so that there is no need to run paystubs

Don't you understand what everyone is trying to tell you. Outside US you are not on H1B status.

Life time leave as it depends on employer and not immigration policy.

[jay25oct]

In India you are not in H1 status. H1 status only applies here. They may ask you to leave if you do not have a job to return to.

what it means? i always work for my employer (in my case its consultancy) who filled h1 for me, so i am never out of job. Also employer finds project for me on client side. right now i am done with project with client side and my employer has given me permission to travel with a vacation letter. so is it good enough reasons  to convience visa officer at POE?

[jairichi]

what it means? i always work for my employer (in my case its consultancy) who filled h1 for me, so i am never out of job. Also employer finds project for me on client side. right now i am done with project with client side and my employer has given me permission to travel with a vacation letter. so is it good enough reasons  to convience visa officer at POE?

All you need to travel back to US is a valid H1B visa and I797.

[sattvic2780]

@jay25oct Not sure if you understood all the above answers.

 

 

1. You are not in US, So no Hi1B status

2. Since you are not in US, your employer is not obligated to pay anything to you and you are not out of status

3. You can return to us anytime and reume your job, if you have valid visa, I797 and Real JOB