Furlough in H1B

[mohitsriastava99]

Due to recent Covid-19 issues, my employer may close office and put us on unpaid furlough .

• will this be considered to be a break in my job ? 
• Is my legal visa status in any danger
• USCIS will not relax norms in current situation 
• Attached notice has no value ?

Employer cannot furlough H1B employee.pdf

[cap-gap]

There have been no news yet that USCIS is considering any waivers on H1 enforcement due to the COVID.

Until then, either the employer has to pay the salary to H1B employee whether working or not; If they can’t pay, the alternate is to terminate the H1 employee and revoke the H1 petition to follow the law.

[User099]

1. Yes,

2. Yes

3. No

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. 

 

[JoeF]

On H1, tou have to get paid all the time. If the employer can't pay you they have to lay you off.

That means you have a grace period of 60 days to find another job or get hired back by your employer. Both require a new H1 petition.

[mohitsriastava99]

Thanks for responses.  I was able to speak  to USCIS ( it was very tricky to get to them) and their representative said following :

1.I am safe till my" employee-employer relationship is safe and it is documented" . 

2. When I asked that what would be issue in case of no wages being paid ? USCIS lady responded that it can prop up during status change or next stamping and I should have above document for continued employee- employer relationship. 

Comments please      

[JoeF]

The USCIS "help line" is not a legal resource. It is outsourced, and the people answering the phones have no legal education. Never rely on what they tell you.

Discuss your situation with a good immigration lawyer.

[User099]

How do you maintain the EE relationship when there is no work or pay? Its not a good idea to make decisions on someone from a helpline. Take some legal help from an attorney.

[gopalakrishnach]

17 hours ago, JoeF said:

The USCIS "help line" is not a legal resource. It is outsourced, and the people answering the phones have no legal education. Never rely on what they tell you.

Discuss your situation with a good immigration lawyer.

I agree. Discuss this with an immigration attorney...