shri sai Posted May 6, 2017 Report Share Posted May 6, 2017 I was working for a company 'A' since last 2 years. January - April 2017 I was on bench in the USA and UNPAID. My employer was providing me medical insurance during that time, but no pay. I had got a project in April too, but its start date got postponed to May. In April 3 rd week, due to some family emergency, I decided to return back to India. So effectively I was unpaid on bench from Jan - Apr 3rd week 2017. Now in India, I have found a job, and they are asking me to provide with an experience/relieving letter from my last employer. The old employer is saying that only if I provide a signed Leave of Absence letter for the duration I was on bench, will he give me the experience/relieving letter. What should I do? The company in India has given me 3 weeks time to sort things out and provide a relieving letter. I do want to return to USA in future once my family situation stabilizes. If I sign the LOA and give to my employer, can it cause a problem in future when I apply for a US visa? Also the 4 months while I was on bench and unpaid, can it cause a problem in future visa application? I dont want to hurt my chances of being able to come back to usa in future. To be on safe side from visa perspective, should I file a complaint against my employer now itself? Or is it ok if in future during visa application if I get a query about this, then I can reveal about this to visa officer? Please advise what should I do about the LOA, relieving letter and complaint against my employer. Many thanks Shri Link to comment
JoeF Posted May 6, 2017 Report Share Posted May 6, 2017 File a complaint with DOL on form WH4. A fake leave letter is illegal. Link to comment
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