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  #1 (permalink)  
Old 09-13-2007, 11:49 PM
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immigrationvoiceuser is on a distinguished road
Default Can H1B holder have "leave without pay"?

I need to transfer to another place, and the new employer has submitted H1B transfer, but we have not got the receipt yet.

And current employer does not seem to be willing to pay an extra month salary. I am wondering whether H1B hold can have "leave without pay"? In such case, current employer might be willing to keep the contract until I get the H1B transfer receipt.

Anyone knows? Thanks a lot!
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  #2 (permalink)  
Old 09-14-2007, 12:50 AM
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ameryki is a jewel in the rough ameryki is a jewel in the rough ameryki is a jewel in the rough
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i think you are entitled for 30 days..but then i am not a lawyer.
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  #3 (permalink)  
Old 09-14-2007, 03:27 AM
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ivvm will become famous soon enough ivvm will become famous soon enough
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I have seen some of my friends who are in the consulting industry take unpaid leaves for 4-6 weeks on H1 status. They didn't have any issues with H1 renewals or 485's.
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  #4 (permalink)  
Old 09-14-2007, 04:07 AM
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buddyinus is infamous around these parts buddyinus is infamous around these parts
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Quote:
Originally Posted by immigrationvoiceuser View Post
I need to transfer to another place, and the new employer has submitted H1B transfer, but we have not got the receipt yet.

And current employer does not seem to be willing to pay an extra month salary. I am wondering whether H1B hold can have "leave without pay"? In such case, current employer might be willing to keep the contract until I get the H1B transfer receipt.

Anyone knows? Thanks a lot!
Legally...its wrong. But NOT on the employee's part, but on the employer's part as he is supposed to pay u. So, in case u r at the receiving end of the USCIS, u can always argue that the employer dint pay u. 90% this is a non issue. But either way, u r safe .
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  #5 (permalink)  
Old 09-14-2007, 04:07 AM
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gconmymind is just really nice gconmymind is just really nice gconmymind is just really nice gconmymind is just really nice gconmymind is just really nice
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I have heard people taking unpaid leaves for a month or so. I am not sure what time period is legal and how many leaves becomes too much. Please consult your lawyer
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Disclaimer: I am not a lawyer. The views and opinions expressed here are my own. Please consult an immigration attorney for expert professional advice.
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  #6 (permalink)  
Old 09-14-2007, 11:29 AM
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waitin_toolong will become famous soon enough waitin_toolong will become famous soon enough
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http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD

I hope this is useful
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  #7 (permalink)  
Old 09-14-2007, 03:42 PM
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senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough senk1s is a jewel in the rough
Default good link

waiting toolong nailed it !!
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