whitec001 Posted October 3, 2013 Report Share Posted October 3, 2013 I took 1 year of voluntary unpaid Leave of Absence (LOA) as an employee on an H1B visa. I am coming to the end of my first 3-year-long H1B. Can I add this 1 year LOA to the end of the 3 year H1B period without having to file a new petition or extension with USCIS? Link to comment
omshiv Posted October 3, 2013 Report Share Posted October 3, 2013 Nope..you cannot do that. Link to comment
rahul412 Posted October 3, 2013 Report Share Posted October 3, 2013 I took 1 year of voluntary unpaid Leave of Absence (LOA) as an employee on an H1B visa. I am coming to the end of my first 3-year-long H1B. Can I add this 1 year LOA to the end of the 3 year H1B period without having to file a new petition or extension with USCIS? 1 year LOA and that to without pay?? My goodness, never heard this one in my life. What's the reason for that?? How did you survive without pay for one year??and during this time you were in US?? Link to comment
omshiv Posted October 3, 2013 Report Share Posted October 3, 2013 probably OP might have been Preganant...but then she should have done COS to H4...if you were in the US while LoA then its a problem. Link to comment
rahul412 Posted October 3, 2013 Report Share Posted October 3, 2013 probably OP might have been Preganant...but then she should have done COS to H4...if you were in the US while LoA then its a problem. If OP has some genuine reason or was unable to work then he/she should have filed for COS. Now only an attorney can help him/her. Link to comment
aru27 Posted October 3, 2013 Report Share Posted October 3, 2013 Never heard that...voluntary unpaid Leave of Absence (LOA).....In pregnancy I have not known people going beyond 3 months on H1B status. They need to go to H4 or any dependent status. You have not mentioned that you have joined back work or not? The safest thing get 3 paystubs and then file extension.... Please be sure of what you are doing "Employers might say we tried but it did not work out". Its your loss.... People have a lot of confusion regarding this H1B status. H1B is only for non-immigrant workers and not non workers. Employers make people do all shady things. Link to comment
rahul412 Posted October 3, 2013 Report Share Posted October 3, 2013 Never heard that...voluntary unpaid Leave of Absence (LOA).....In pregnancy I have not known people going beyond 3 months on H1B status. They need to go to H4 or any dependent status. You have not mentioned that you have joined back work or not? The safest thing get 3 paystubs and then file extension.... Please be sure of what you are doing "Employers might say we tried but it did not work out". Its your loss.... People have a lot of confusion regarding this H1B status. H1B is only for non-immigrant workers and not non workers. Employers make people do all shady things. In any case, a genuine employer will inform his employee that he/she has to report after the end of the leave and if employee can't get back to work employer is suppose to revoke that H1, since on H1 employee is supposed to get paid every month. Link to comment
aru27 Posted October 3, 2013 Report Share Posted October 3, 2013 I have come across such situations in different parameters in this forum couple of times. Not getting paid in H1B, taking unpaid leave, having different names on I797 & passport. People will start the topic and never come back when we answer. :) I think they know what they have shopped for? I do not know what answer they expect. Link to comment
JoeF Posted October 3, 2013 Report Share Posted October 3, 2013 I have come across such situations in different parameters in this forum couple of times. Not getting paid in H1B, taking unpaid leave, having different names on I797 & passport. People will start the topic and never come back when we answer. :) I think they know what they have shopped for? I do not know what answer they expect. Drive-by posts ;) Often, people are "shopping" for answers they like, even if they are wrong... Link to comment
aru27 Posted October 4, 2013 Report Share Posted October 4, 2013 JoeF : One think we all should admire and remember this platform is created for people and by people. If a person is opening a topic he/she needs an answer. Moderator has been placed to understand whether reply is relevant or not. Any member is providing answers to the situation based on either understanding or experience. We all should respect each other. Cheers! Link to comment
rahul412 Posted October 4, 2013 Report Share Posted October 4, 2013 I think they know what they have shopped for? I do not know what answer they expect. Most of the time they expect convincing or comfortable answer rather than truth. That's human nature and nothing wrong in it. Link to comment
JoeF Posted October 4, 2013 Report Share Posted October 4, 2013 JoeF : One think we all should admire and remember this platform is created for people and by people. If a person is opening a topic he/she needs an answer. Moderator has been placed to understand whether reply is relevant or not. Any member is providing answers to the situation based on either understanding or experience. We all should respect each other. Cheers! And part of that respect would actually be for people to post a follow-up if the answer helped... Respect goes both ways ;) And way too often, people, including me, get attacked because some posters don't like the answers... Link to comment
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