skr85 Posted August 26, 2011 Report Posted August 26, 2011 Folks, My H1b is approved and would be starting from Oct 1st this year on Nov this year i will be traveling to India to visit my family and to get stamping. As i only have 5 days of paid vacation I would be going on unpaid leave for 19 business days. my HR has told to fill a LOA for personal reasons for those days. my question is will it be fine to take unpaid leave for these days while on H1B or will it be a matter of concern in the future? My HR also told me that i would be still active in the company but i wont get paid for those days,just want to make sure i do the right thing here. BTW i don't work for consulting company if that matters at all.appreciate your responses.
matarese Posted August 27, 2011 Report Posted August 27, 2011 LOA without pay will matter if you remain in the US. It does not matter if you travel to India.
drnishu Posted August 27, 2011 Report Posted August 27, 2011 One is eligible to take leave of absence as long as he/she is out of USA. Now this unpaid leave (outside of US) could be of any length of time as long as you have proper reason and proper documentation and provided you will have documents for continue employment with your petitioner upon return. You don't have to be paid while you are out of USA. Of course, you can not stay in US on unpaid vacation. Those days which are spent out of USA, will not be counted against 3 years of H1b duration.
pontevecchio Posted August 27, 2011 Report Posted August 27, 2011 Since you will be in India during the leave there is no problem.
designflaw Posted August 27, 2011 Report Posted August 27, 2011 You should be fine. Leave of absence (LOA) without pay is only a concern when you are in USA.
skr85 Posted August 28, 2011 Author Report Posted August 28, 2011 well it looks like i wont have any issues since i will be out of the country during that period anyways. Thanks for your replies. cheers
whitec001 Posted October 3, 2013 Report Posted October 3, 2013 Are there any situations where you can take voluntary employee-initiated leave of absence without pay and still remain in the US during that time? Can you go in and out of the US while on employee-initiated leave of absence without pay?
JoeF Posted October 3, 2013 Report Posted October 3, 2013 Are there any situations where you can take voluntary employee-initiated leave of absence without pay and still remain in the US during that time? Can you go in and out of the US while on employee-initiated leave of absence without pay? Shady employers have abused that, by forcing employees on LOA to avoid paying on bench. Because of that, unpaid LOA is pretty much impossible on H1 while in the US nowadays. Pretty much the only exceptions are medical leave and pregnancy.
jairichi Posted October 3, 2013 Report Posted October 3, 2013 Are there any situations where you can take voluntary employee-initiated leave of absence without pay and still remain in the US during that time? Can you go in and out of the US while on employee-initiated leave of absence without pay? With out pay only if you are on maternity leave. Otherwise NO.
rahul412 Posted October 3, 2013 Report Posted October 3, 2013 Are there any situations where you can take voluntary employee-initiated leave of absence without pay and still remain in the US during that time? Can you go in and out of the US while on employee-initiated leave of absence without pay? Usually those situations doesn't exist.
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