H1B - Vacation/Sick Leave - Without pay


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Hello

 

I am on H1B visa and I will be going to my home country for 4 weeks.

 

Is it sure that I should get paid for this period or can be counted towards vacation or sick leave without pay?

 

Please let me know the options.

 

Thank you

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Hello

 

I am on H1B visa and I will be going to my home country for 4 weeks.

 

Is it sure that I should get paid for this period or can be counted towards vacation or sick leave without pay?

 

Please let me know the options.

 

Thank you

As you are going to be outside US there is no status to be maintained. You can either be paid or unpaid.

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its a vacation..I will be out of US during this period...I can prove it with my travel tickets and obviously stamp at airport during departure and arrival...

but this would cause my salary less in W-2 than mentioned in LCA...is this OK? generally, they say W-2 salary should be equal to or more than in LCA.

 

As you are going to be outside US there is no status to be maintained. You can either be paid or unpaid.

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its a vacation..I will be out of US during this period...I can prove it with my travel tickets and obviously stamp at airport during departure and arrival...

but this would cause my salary less in W-2 than mentioned in LCA...is this OK? generally, they say W-2 salary should be equal to or more than in LCA.

It is fine as you can show that you had spent some days outside US and was not paid during that time.

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I believe you should be entitled to a vacation leave. From all companies I've worked for, everyone is entitled to at least 2 weeks off. It doesn't matter where they are vacationing to. But if you're out for 4 weeks, only 2 weeks may be paid days off. Vacations don't count as sick leaves.

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I believe you should be entitled to a vacation leave. From all companies I've worked for, everyone is entitled to at least 2 weeks off. It doesn't matter where they are vacationing to. But if you're out for 4 weeks, only 2 weeks may be paid days off. Vacations don't count as sick leaves.

That is handled differently by each company. There is no rule that requires vacation time.

But of course, decent companies, companies worth working for, will have paid vacation time. Only shady fly-by-night operations don't.

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