H-1B STATUS DURING A FURLOUGH

[Raj2222]

Hi,

I am currently on H1 B and my Green Card is in process. My I 140 has been approved and my wife is working on a H4 EAD . I work full time with this organization . Due to COVID-19 situation my company is planning to do a Furlough on few employees. I am most likely to be part of a group that might be furloughed. We do not know how long this furlough is going to be. 

If i get Furlough will that impact my H1 B & Green Card Process . What is the minimum time period that H1 B people could go on Furlough ? . Is there any impact to my wife's H4 EAD status ?

 

Thanks ! 

 

[gopalakrishnach]

I work full time with this organization ..

Your organization's HR/immigration team will advise you.

You can let us know so that it will be useful for others.

[User099]

You will have 60 days to find a new job or your employer can hires you back in 60 days by filing a new petition. Your wife will be able to work for the 60 days period.

[JoeF]

Furlough means that you are laid off. On H1 there is no "temporarily not getting paid." It is either getting paid or being laid off.

You have 60 days to find a new employer or get hired back by your current employer. In both cases, a new H1 petition is required.

Edited April 2, 2020 by JoeF

[Raj2222]

I have also reached out to the Legal team for more guidelines and will keep everyone updated . Furlough is not like that we are fired so we have the job in hand and we still receive all benefits . The only difference is that we do not get paid so will this also be considered as a lay off.

Your guidance is much appreciated.

 

Thanks!  

 

[User099]

14 hours ago, Raj2222 said:

I have also reached out to the Legal team for more guidelines and will keep everyone updated . Furlough is not like that we are fired so we have the job in hand and we still receive all benefits . The only difference is that we do not get paid so will this also be considered as a lay off.

Your guidance is much appreciated.

 

Thanks!  

 

Good, keep us posted. 

[ppalety1987]

On 4/2/2020 at 11:26 AM, Raj2222 said:

I have also reached out to the Legal team for more guidelines and will keep everyone updated . Furlough is not like that we are fired so we have the job in hand and we still receive all benefits . The only difference is that we do not get paid so will this also be considered as a lay off.

Your guidance is much appreciated.

 

Thanks!  

 

Any update from the Legal team?

It will be very helpful for others who are in a similar situation.

Edited April 6, 2020 by ppalety1987

[ppalety1987]

Hi

I am also in the same situation. I am on H1B, working full time for my employer. I am on a temporary furlough starting this week and I would get paid 20% of my actual salary during this furlough period. So, this is different than a lay off.

I am in a confused state, any guidance is appreciated.

[JoeF]

On H1 you always have to get paid at least the prevailing wage as per the LCA. Less than that is not allowed. Talk with HR.

[Raj2222]

Thanks everyone for your response and i have not heard anything back from the legal team .