Vacation on Loss of Pay inside US on H1B?

[zak74]

I'm curently on H1B. It's been several years since I have taken a long vacation.

I feared I have to be on pay roll consecutively on H1B to maintian status. I know that employer doesn't have to run my pay roll if I am out of the US on vacation.

 

But is it possible for me to take a long vacation of a month or two inside US and the employer doesn't have to pay me?

[JoeF]

No. In H1 status, you always have to get paid.

Don't you get paid vacation time? Every real employer does that. Even decent consulting companies do.

[jairichi]

I'm curently on H1B. It's been several years since I have taken a long vacation.

I feared I have to be on pay roll consecutively on H1B to maintian status. I know that employer doesn't have to run my pay roll if I am out of the US on vacation.

 

But is it possible for me to take a long vacation of a month or two inside US and the employer doesn't have to pay me?

No. It amounts to being out of status.

[rahul412]

If you are on H1, you need to get paid every month. Do you have any paid leaves or not??

[t75]

No. You must be employed. A two month vacation? Are you kidding me. No employer I know gives 2 months of vacation to normal US employee. If you want to work in the US, you have to act like a US worker. If you want a long vacation, go home and hope you still have a job when you want to return.

[Belle]

Yes, I believe so.

[zak74]

The paid vacation is not long enough. I need to take a long break inside US. Why? What's wrong about it? I'm surprised there is not an option for this.

 

And why does that break has to be spent only outside US or in home country?

Doesn't a US person take a long vacation or break to deal with personal stuff?

[zak74]

Any break I get between projects and I want to take a vacation, it is spent focusing on finding the next assignment after that break. So how is it possible to have a real vacation that way? Any employer cannot pay for 2 months. Typically it takes a month or two to find the right assignment some times. Combine that period with my vacation it will come to 2-3 months. 

[zak74]

No. You must be employed. A two month vacation? Are you kidding me. No employer I know gives 2 months of vacation to normal US employee. If you want to work in the US, you have to act like a US worker. If you want a long vacation, go home and hope you still have a job when you want to return.

 

Two months is long? I haven't taken vacation in 5 years.

[jairichi]

Any break I get between projects and I want to take a vacation, it is spent focusing on finding the next assignment after that break. So how is it possible to have a real vacation that way? Any employer cannot pay for 2 months. Typically it takes a month or two to find the right assignment some times. Combine that period with my vacation it will come to 2-3 months. 

Finding a project or an assignment is employer's responsibility and not yours. If you are a LPR or US citizen you can be on unpaid leave for any number of months or years but not on a H1B visa. That is the rule.

[t75]

Then you should have a lot of paid vacation saved up if you have not used it in 5 years.

A two month vacation for a US working person is an eternity. Leave for that long and the employer would discover he no longer needs the services of that employee.

[JoeF]

Any break I get between projects and I want to take a vacation, it is spent focusing on finding the next assignment after that break. So how is it possible to have a real vacation that way? Any employer cannot pay for 2 months. Typically it takes a month or two to find the right assignment some times. Combine that period with my vacation it will come to 2-3 months.

This is time on bench, and you need to get paid on bench.

A decent employer has new projects lined up. It is in the best interest of the employer, since he has to pay you on bench.

[chakrakr]

Then you should have a lot of paid vacation saved up if you have not used it in 5 years.

 

 

In REAL World,  for most companies,  unused vacation days are forfeited at end of year .  

[JoeF]

In REAL World,  for most companies,  unused vacation days are forfeited at end of year .  

 

In the REAL world, that is not true.

[t75]

In NONE of the companies I have worked for is vacation time forfeited. An employee is permitted to carry forward unused time.

[chakrakr]

In the REAL world, that is not true.

 

California is not the beginning and end of World.     There are very few states like CA where vacation days can not expire.   Most states do not have any law on that   and I have seen many large companies in US has a policy of forfeiting vacation days at end of year ... in some cases they allow a limited number of days (typically 5 days)  to be carried forward.   Some more  pay the unused vacation days at end of year.     Carrying forward all of vacation days year after year is unheard of. 

[chakrakr]

In NONE of the companies I have worked for is vacation time forfeited. An employee is permitted to carry forward unused time.

 

I would be happy to know a company which allows all of the vacation days to be carried forward year after year.  Care to share ?

[t75]

I certainly would not post any corporate names on a forum. OP wants to do what is not permitted. H is free to take however long of a vacation he wishes only it cannot be in the US where he is expected to be working. Get a visitors visa to Canada or Mexico or Costa Rica or ...

[JoeF]

California is not the beginning and end of World. There are very few states like CA where vacation days can not expire. Most states do not have any law on that and I have seen many large companies in US has a policy of forfeiting vacation days at end of year ... in some cases they allow a limited number of days (typically 5 days) to be carried forward. Some more pay the unused vacation days at end of year. Carrying forward all of vacation days year after year is unheard of.

This is not just in CA. It is everywhere in the US.

Maybe you should stop thinking that your obviously crappy job is representative.

[chakrakr]

This is not just in CA. It is everywhere in the US.

Maybe you should stop thinking that your obviously crappy job is representative.

 

I suggest check up the law of some other states  and learn.   In case you are confused,  I am talking about employers of US ,  not Germany :)    

[zak74]

Thank you all for the responses!! I got plenty of advice from all of you intelligent people.

[JoeF]

I suggest check up the law of some other states  and learn.   In case you are confused,  I am talking about employers of US ,  not Germany :)    

 

In case you didn't know, I do know that REAL employers in the US allow to carry forward vacation days.

I have no idea what employers in Germany would have to do with it, nor what employers in the UK or in France would have to do with it.

As I  said, please educate yourself. Your crappy employer is not the norm.

[rahul412]

In case you didn't know, I do know that REAL employers in the US allow to carry forward vacation days.

I have no idea what employers in Germany would have to do with it, nor what employers in the UK or in France would have to do with it.

As I  said, please educate yourself. Your crappy employer is not the norm.

Their are few employers who doesn't allow to carry forward the vacation days. And these are REAL, my current employer doesn't allow.

[JoeF]

Their are few employers who doesn't allow to carry forward the vacation days. And these are REAL, my current employer doesn't allow.

 

Sure, there may be some such employers, but that's not the norm. That's all I pointed out.

[rational_me]

Their are few employers who doesn't allow to carry forward the vacation days. And these are REAL, my current employer doesn't allow.

 

In California employers earned vacation cannot expire. However, some employers cap the max accrual. So the employee stops earning paid vacation after hitting the max and will be forced to take vacation days or lose them.