Unpaid X-mas Vacation on H-1B (Amendment from Employer)

[phoenixbird]

Team , 

I know this topic has been discussed on this forum many times , but please advice me with current situation

 

I know I supposed get paid all the time during my tenure with my Employer ( While in USA) ,

But now I have situation where nobody in my company (client ) working for 2 weeks during X-mas and when I checked with my employer for Pay during shutdown he said he is going to ask  lawyer to file Amendment for 2 weeks unpaid vacation .

 

• Is it common ? 
•  
• Is it Legal?
•  
• or My Employer just trying to avoid me paying for shutdown?  
•  
• What are the chances of this Amendment getting approved?
•  
• What would be the consequences of this on my H-1B  .. I am planning Indian trip and need to get Visa stamped  before coming Back.

 

 

Senior Members please advice...

 

Thanks . 

[jairichi]

Team , 

I know this topic has been discussed on this forum many times , but please advice me with current situation

 

I know I supposed get paid all the time during my tenure with my Employer ( While in USA) ,

But now I have situation where nobody in my company (client ) working for 2 weeks during X-mas and when I checked with my employer for Pay during shutdown he said he is going to ask  lawyer to file Amendment for 2 weeks unpaid vacation .

 

• Is it common ? 
•  
• Is it Legal?
•  
• or My Employer just trying to avoid me paying for shutdown?  
•  
• What are the chances of this Amendment getting approved?
•  
• What would be the consequences of this on my H-1B  .. I am planning Indian trip and need to get Visa stamped  before coming Back.

 

 

Senior Members please advice...

 

Thanks . 

I doubt it will be approved. There is nothing called unpaid vacation if you are on H1B in US.

[JoeF]

There is no such thing as an "amendment for an unpaid vacation."

You need to get paid while in the US on H1. Period.

[t75]

Expect to present yourself for work at your employer's (not client's) site.

[phoenixbird]

@ JoeF -- I talked to my employer and Lawyer ... My lawyer suggested them to file for Amendment...

 

Also I do not have paid vacation which I can use while this shutdown .. 

 

Any suggestions ?

[jairichi]

@ JoeF -- I talked to my employer and Lawyer ... My lawyer suggested them to file for Amendment...

 

Also I do not have paid vacation which I can use while this shutdown .. 

 

Any suggestions ?

As JoeF mentioned there is nothing called "amendment for unpaid vacation".

[JoeF]

@ JoeF -- I talked to my employer and Lawyer ... My lawyer suggested them to file for Amendment...

 

Also I do not have paid vacation which I can use while this shutdown .. 

 

Any suggestions ?

That lawyer is obviously a bad lawyer. No wonder with such a bad employer.

On H1, you have to get paid ALL THE TIME. Period.

Your employer has to pay you during this time. Get that into your head.