NO PAY VACATION ON H1 AND WHILE IN USA

[truetexan]

Alright, I need some insight about the issue I am dealing with.

first of all I am not in software industry and i am currently holding a full time position in my company. I want to take vacation but want to take NO PAY when iam outside the country so that i can save my vacation if any time needed when iam in USA. My company attorney told me that i have to follow company policy and cannot take no pay when i am on vacation outside the USA.

Here is my question, I am and have been under the impression that when the employee is in USA on H1 visa, the employee cannot take vacation with no pay as it will impact the immigration status. I have asked couple of my friends too and they feel the same. so need your guys help in clarifying this question i have. i tried looking up on DOL and USCIS for any kind of reliable info but with no luck.

Please share your knowledge on this issue. I really don't want to impact my immigration status by doing what i am not supposed to do. Please share any reliable web links of possible so i can defend my statement to my attorney. I want to educate myself on this issue.

 

Thanks,

TrueTexan

[JoeF]

When you are outside the US, you are not in any status, because a status by definition only exists while in the US.

So, when you are outside the US, the H1 rules don't apply. US laws apply inside the US, not outside the US. Not getting paid while outside the US will not have any affect on US immigration.

Not getting paid while in the US of course can impact the status.

Of course, company policy can be stricter and not allow unpaid time off at all...

[truetexan]

Anyone in the same situation or anyone who can give me some insight?

[pontevecchio]

As said above companies can decide that the 4 or 5 weeks of vacation is all you can have and anything above that paid or unpaid is not allowed.

[truetexan]

Thanks for the reply guys. Yes I am worried about not getting paid while in US. I am ready to take my whole vacation with NO PAY when outside US. But company policy says you need to exhaust your vacation before you can have NO PAY. For which I don't agree as if I use up all my vacation time outside US and when I am back what if I need vacation? I have no option but to take NO PAY as I already exhausted my vacation time.

Is there a legit website I can refer to about the impacts on the immigration status if you take NO PAY while in US?

 

Thanks

TrueTexan

[JoeF]

The legit website is the US Immigration law. It is available online in lots of places, e.g., at the USCIS website.

You can also schedule an appointment with an immigration lawyer to discuss your situation one-on-one.

[pontevecchio]

The problem is that you have no standing in the matter and cannot go against company policy and you did sign a contract. Secondly leave without pay also impacts the company and deprives them of your valuable services. Very little recourse if they let you go. Tread carefully as I said 4-5 weeks is about all most working people get as vacation and I am being a bit charitable. Some people have less vacation. Either you take your vacation and visit home or spend it here.