herohiralal Posted October 8, 2012 Report Share Posted October 8, 2012 I am currently on H1B visa which is already stamped and I am planning to go to India for 3 months on a unpaid vacation. My employer is ok with that but I am not sure how long can I take a holiday? Also, will I be asked questions by immigration officers while entering the US about the Holiday cause I wont be on the payroll for that time period. And does it have to be a medical emergency or can I simply say that I took a vacation? Link to comment
applying4usvisa Posted October 8, 2012 Report Share Posted October 8, 2012 I heard somebody got deported because person was on personal leave for 5 weeks. Immigration officer said and I quote if your company can survive w/o you for 5 weeks then it will survive. But also I know someone stayed in India on 6 weeks vacay and faced no problem. So it would be case to case. I would suggest make it medical trip and produce some documentation for it. Link to comment
pontevecchio Posted October 8, 2012 Report Share Posted October 8, 2012 Why would you let the CBP make you a person economical with the truth? The actual reason why you took the leave should suffice. Do not listen to "He said,she said" etc. Link to comment
chakrakr Posted October 8, 2012 Report Share Posted October 8, 2012 Don't listen to rumors. You are fine staying out of US for 3 months without Pay. When entering , carry a letter from your employer confirming that you have a job. Link to comment
rahul412 Posted October 8, 2012 Report Share Posted October 8, 2012 I am planning to go to India for 3 months on a unpaid vacation. There is nothing called unpaid vacation when an employee is on H1. You need to get paid everyone on H1. If not you will be trouble when you attend for visa interview. Link to comment
shandan Posted October 8, 2012 Report Share Posted October 8, 2012 @herohiralal To begin with please do not call it a three months vacation, as no employer will give you such a vacation from an on going project, so it can only mean you are getting of a clients project and do not want to look for another right away but need some break and going Home. In this case since you may very well be asked to show the client letter attesting that you are going to join them when you get back. @applying4usvisa your analogy to suggest OP about claiming medical reasons to take a break does not make sense, If someone can be sent back stating if the company can survive while you were gone, the obvisously, this guy will be gone for 3 months, and the company had survived his absense. Link to comment
pontevecchio Posted October 8, 2012 Report Share Posted October 8, 2012 "You need to get paid everyone on H1" The employer has no obligation to pay H1 wages beyond normally accepted vaction time frames. Link to comment
rahul412 Posted October 8, 2012 Report Share Posted October 8, 2012 There is nothing called unpaid vacation when an employee is on H1. You need to get paid everyone on H1. If not you will be trouble when you attend for visa interview. Sorry its every-month, not everyone Link to comment
rahul412 Posted October 9, 2012 Report Share Posted October 9, 2012 "You need to get paid everyone on H1" The employer has no obligation to pay H1 wages beyond normally accepted vaction time frames. Sorry,I didn't read the post correctly. I thought that OP is staying in US for 3 months without pay as he/she mentioned it as unpaid vacation. Link to comment
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