phoenixbird Posted December 12, 2013 Report Share Posted December 12, 2013 Team , I know this topic has been discussed on this forum many times , but please advice me with current situation I know I supposed get paid all the time during my tenure with my Employer ( While in USA) , But now I have situation where nobody in my company (client ) working for 2 weeks during X-mas and when I checked with my employer for Pay during shutdown he said he is going to ask lawyer to file Amendment for 2 weeks unpaid vacation . Is it common ? Is it Legal? or My Employer just trying to avoid me paying for shutdown? What are the chances of this Amendment getting approved? What would be the consequences of this on my H-1B .. I am planning Indian trip and need to get Visa stamped before coming Back. Senior Members please advice... Thanks . Link to comment
jairichi Posted December 12, 2013 Report Share Posted December 12, 2013 Team , I know this topic has been discussed on this forum many times , but please advice me with current situation I know I supposed get paid all the time during my tenure with my Employer ( While in USA) , But now I have situation where nobody in my company (client ) working for 2 weeks during X-mas and when I checked with my employer for Pay during shutdown he said he is going to ask lawyer to file Amendment for 2 weeks unpaid vacation . Is it common ? Is it Legal? or My Employer just trying to avoid me paying for shutdown? What are the chances of this Amendment getting approved? What would be the consequences of this on my H-1B .. I am planning Indian trip and need to get Visa stamped before coming Back. Senior Members please advice... Thanks . I doubt it will be approved. There is nothing called unpaid vacation if you are on H1B in US. Link to comment
JoeF Posted December 12, 2013 Report Share Posted December 12, 2013 There is no such thing as an "amendment for an unpaid vacation." You need to get paid while in the US on H1. Period. Link to comment
t75 Posted December 12, 2013 Report Share Posted December 12, 2013 Expect to present yourself for work at your employer's (not client's) site. Link to comment
phoenixbird Posted December 14, 2013 Author Report Share Posted December 14, 2013 @ JoeF -- I talked to my employer and Lawyer ... My lawyer suggested them to file for Amendment... Also I do not have paid vacation which I can use while this shutdown .. Any suggestions ? Link to comment
jairichi Posted December 14, 2013 Report Share Posted December 14, 2013 @ JoeF -- I talked to my employer and Lawyer ... My lawyer suggested them to file for Amendment... Also I do not have paid vacation which I can use while this shutdown .. Any suggestions ? As JoeF mentioned there is nothing called "amendment for unpaid vacation". Link to comment
JoeF Posted December 14, 2013 Report Share Posted December 14, 2013 @ JoeF -- I talked to my employer and Lawyer ... My lawyer suggested them to file for Amendment... Also I do not have paid vacation which I can use while this shutdown .. Any suggestions ? That lawyer is obviously a bad lawyer. No wonder with such a bad employer. On H1, you have to get paid ALL THE TIME. Period. Your employer has to pay you during this time. Get that into your head. Link to comment
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