Vishy
10-06-2009, 12:37 PM
Hi all,
I'll put the questions first and then explain my situation:
1. when is a contractual employee defined as "unemployed"? Is it only when he gets some kind of termination letter, or when he is not being paid?
2. Is time spent abroad on OPT counted as unemployment at all? Can you guys share your views on this so I get a better idea?
I am on an F-1 visa on OPT and have just started working with a company on a contractual basis (Right now, all I know is that this means I don't get benefits and get paid by the hour). I asked my university if travelling to India in the next few weeks would affect my visa in any way. They gave me the following reply:
"If you are employed in the US then time spent outside the US, while still maintaining your position as an employee, would not count as unemployment.
The issue is what you are defining as “authorized period of leave” and what you mean by “leave”. If you’re just talking about taking paid time off (vacation/leave) then that would not count as unemployment because you would continue to maintain your status as an employee."
Now I'm more confused than ever, because they say my vacation should be on "paid time". But since I am paid by the hour, I won't be paid during my vacation (although I will still be employed).
I'll put the questions first and then explain my situation:
1. when is a contractual employee defined as "unemployed"? Is it only when he gets some kind of termination letter, or when he is not being paid?
2. Is time spent abroad on OPT counted as unemployment at all? Can you guys share your views on this so I get a better idea?
I am on an F-1 visa on OPT and have just started working with a company on a contractual basis (Right now, all I know is that this means I don't get benefits and get paid by the hour). I asked my university if travelling to India in the next few weeks would affect my visa in any way. They gave me the following reply:
"If you are employed in the US then time spent outside the US, while still maintaining your position as an employee, would not count as unemployment.
The issue is what you are defining as “authorized period of leave” and what you mean by “leave”. If you’re just talking about taking paid time off (vacation/leave) then that would not count as unemployment because you would continue to maintain your status as an employee."
Now I'm more confused than ever, because they say my vacation should be on "paid time". But since I am paid by the hour, I won't be paid during my vacation (although I will still be employed).