acs12 Posted February 10, 2014 Report Share Posted February 10, 2014 Hi, I am currently working in the US on L1B visa. I am planning to apply for unpaid leave of absence for 5 month. My questions are 1. will my L1B status be valid through my leave of absence ? 2. will I be able to resume work after 5 months ? Thank you very much! Link to comment
jairichi Posted February 10, 2014 Report Share Posted February 10, 2014 Hi, I am currently working in the US on L1B visa. I am planning to apply for unpaid leave of absence for 5 month. My questions are 1. will my L1B status be valid through my leave of absence ? 2. will I be able to resume work after 5 months ? Thank you very much! You cannot be on unpaid leave in US and maintain L1B status. File for a COS or spend the unpaid vacation outside US. Link to comment
pontevecchio Posted February 10, 2014 Report Share Posted February 10, 2014 You can be in unpaid leave for your company in the country of your citizenship. You cannot do that here. Link to comment
rahul412 Posted February 10, 2014 Report Share Posted February 10, 2014 Hi, I am currently working in the US on L1B visa. I am planning to apply for unpaid leave of absence for 5 month. My questions are 1. will my L1B status be valid through my leave of absence ? 2. will I be able to resume work after 5 months ? Thank you very much! Are you gonna stay in US during that time or outside the US?? If you are going to stay in US then you can't do that. Link to comment
acs12 Posted February 10, 2014 Author Report Share Posted February 10, 2014 You cannot be on unpaid leave in US and maintain L1B status. File for a COS or spend the unpaid vacation outside US Thanks. Can I file a COS to H4, stay in US and again file a COS to L1 using my original I-797 approved for L1 ? Link to comment
pontevecchio Posted February 11, 2014 Report Share Posted February 11, 2014 You can file a COS to H4. The company files a L1 petition with COS. This seems very suspicious. Link to comment
acs12 Posted February 11, 2014 Author Report Share Posted February 11, 2014 You can file a COS to H4. The company files a L1 petition with COS. This seems very suspicious. I don't think the company can file L1 petition while I am in US on H4(after cos to H4) and not working with the company. My question was about the original L1 petition. Can I use it again to file only COS (myself) to L1 later ? Link to comment
acs12 Posted February 11, 2014 Author Report Share Posted February 11, 2014 You cannot be on unpaid leave in US and maintain L1B status. File for a COS or spend the unpaid vacation outside US. Is this applicable for L1 ? http://www.uscis.gov/i-9-central/complete-correct-form-i-9/complete-section-1-employee-information-and-verification/continuing-employment Link to comment
jairichi Posted February 12, 2014 Report Share Posted February 12, 2014 I don't think the company can file L1 petition while I am in US on H4(after cos to H4) and not working with the company. My question was about the original L1 petition. Can I use it again to file only COS (myself) to L1 later ? A company can file COS from H4 to L1 as long as you fulfill L1 requirements. You cannot file for COS from H4 to L1. It can be done only by an employer. Link to comment
rahul412 Posted February 12, 2014 Report Share Posted February 12, 2014 Is this applicable for L1 ? http://www.uscis.gov/i-9-central/complete-correct-form-i-9/complete-section-1-employee-information-and-verification/continuing-employment You can have an unpaid leave. But it should a very STRONG reason for that. That's what that URL says. Link to comment
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