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View Full Version : Gap between EADs - Is it ok to use PTO?


lingdeer
12-21-2015, 02:40 AM
My pre completion OPT recently expired and my post completion OPT is still pending. Which means I should not be working in this time. My company HR/attorney said I should use up my paid time off (PTO) then take unpaid leave in this period.

But I question if I can even be on paid time off since that means my paycheck will be covered for those PTO days. I did a bit internet research and I see very mixed answers. Some said it's ok because technically I am not working. Some said no, because I am being paid. I have also heard story of people actually doing it and didn't have any issue.

Have anyone who have been through this situation and can give some advice? I hope I can convince my HR/attorney to take me off from PTO and switch me to unpaid leave.

Thanks a lot!

gnh
01-10-2016, 11:10 AM
You cannot take paid time off... But you take unpaid days