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  #1 (permalink)  
Old 01-23-2009, 04:45 AM
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Question Is unpaid leave legal while working on EAD?

Hi all,

Is unpaid leave for a couple of months legal while working on EAD?
This is for a primary applicant who is under Adjustment of Status (Employment Based).
Sorry if this question is already posted.

Thanks,
Krishna
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  #2 (permalink)  
Old 01-23-2009, 07:51 AM
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Check with ur HR. They should be able to tell you more about this, if with un-paid vacation you imply furlough.
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  #3 (permalink)  
Old 01-23-2009, 12:52 PM
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Quote:
Originally Posted by BECsufferer View Post
Check with ur HR. They should be able to tell you more about this, if with un-paid vacation you imply furlough.
My employer is a desi employer and the HR is not sure if it is legal or not.

Last edited by krishna_brc; 01-23-2009 at 02:56 PM.
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  #4 (permalink)  
Old 01-23-2009, 12:57 PM
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If you're in 485 pending status with an EAD, you're fine as long as you don't get an RFE on your I-485 during those two months. Even if you do get an RFE, you might be okay as long as you are able to prove the job position would still be there for you in the future.
__________________
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Old 01-23-2009, 01:20 PM
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Let me google that for you

The first result has the answer(by a lawyer). Yes, it is OK to have gaps in your employment.
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  #6 (permalink)  
Old 01-23-2009, 01:40 PM
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  #7 (permalink)  
Old 01-23-2009, 02:26 PM
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Default

Quote:
Originally Posted by krishna_brc View Post
Hi all,

Is unpaid leave for a couple of months legal while working on EAD?
This is for a primary applicant who is under Adjustment of Status (Employment Based).
Sorry if this question is already posted.

Thanks,
Krishna
If the GC job offer is still available, unpaid leave should not be an issue as long as it is documented in employer policy and is available to all full-time employees without any additional conditions.

____________________
Not a legal advice.
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  #8 (permalink)  
Old 01-23-2009, 02:58 PM
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Default Thank You all for the replies.

Thank You all for your replies.
Thank You IV.

Krishna
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