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Out of status, employment gap and status revalidation Gap in employment(paystubs) and the resulting problems during status transfer and green card filing.

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  #1 (permalink)  
Old 09-23-2008, 05:35 PM
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Default Wife on H1 but gone to India for 4 months.

Hi everybody,

My wife is on H1 and her project ended and she wanted to take a break and left to India for 4 months. Now the company that sponsored her H1 obviously are not paying for the extended leave. My question is:

1) Will there be an issue when she returns back to US?
2) Would she acquire any out-of-status period as a result of this leave(cause no payroll would be run for 4 months)?

Please let me know.
Thanks in Advance.
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  #2 (permalink)  
Old 09-23-2008, 05:38 PM
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Default I think it is fine

If she can start working as soon as she comes back as she is out of US. Most of us take vacation for a month or so and won't get paid. Atleast I never heard anybody getting into trouble of that.
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  #3 (permalink)  
Old 09-23-2008, 05:42 PM
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Default H1B visa?

Quote:
Originally Posted by LostInGCProcess View Post
Hi everybody,

My wife is on H1 and her project ended and she wanted to take a break and left to India for 4 months. Now the company that sponsored her H1 obviously are not paying for the extended leave. My question is:

1) Will there be an issue when she returns back to US?
2) Would she acquire any out-of-status period as a result of this leave(cause no payroll would be run for 4 months)?

Please let me know.
Thanks in Advance.
Does your wife have her H1B visa stamped in her passport? If she has her H1B visa stamp and an employment letter from the company, she should be fine. My company always insisted I carry recent paystubs in addition to the employment letter, but I never really needed to present them or answer any questions as to how long I was gone from the country, etc.
I guess the CBP can ask those questions...however, if your wife has her AP doc, that might help further reduce chances of these questions coming up.

DISCLAIMER: Not legal advice. Based on persconal anecdotes and limited information.
__________________
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  #4 (permalink)  
Old 09-23-2008, 05:52 PM
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Default

Quote:
Originally Posted by ksrk View Post
Does your wife have her H1B visa stamped in her passport? If she has her H1B visa stamp and an employment letter from the company, she should be fine. My company always insisted I carry recent paystubs in addition to the employment letter, but I never really needed to present them or answer any questions as to how long I was gone from the country, etc.
I guess the CBP can ask those questions...however, if your wife has her AP doc, that might help further reduce chances of these questions coming up.

DISCLAIMER: Not legal advice. Based on persconal anecdotes and limited information.
No, she does not have the H1b visa...she is actually going to the Chennai consulate next month to get the visa. As a backup, yes, she has the AP.
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  #5 (permalink)  
Old 09-23-2008, 05:55 PM
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Default

Quote:
Originally Posted by reddymjm View Post
If she can start working as soon as she comes back as she is out of US. Most of us take vacation for a month or so and won't get paid. Atleast I never heard anybody getting into trouble of that.
Thanks, There are many personal reasons why she wanted to take a long break. One being, we were blessed with a child this (mid) year and also feeling of homesickness.
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  #6 (permalink)  
Old 09-23-2008, 05:59 PM
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Default Then she might have a EAD too

Quote:
Originally Posted by LostInGCProcess View Post
No, she does not have the H1b visa...she is actually going to the Chennai consulate next month to get the visa. As a backup, yes, she has the AP.
Then she might have a EAD too. Then you need not worry at all.
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  #7 (permalink)  
Old 09-23-2008, 06:02 PM
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Default

Quote:
Originally Posted by reddymjm View Post
Then she might have a EAD too. Then you need not worry at all.
yes she has, but not using it. She is actually a derivative(dependent) applicant. But, my question would be, while she was here in US, she was on H1, now taken the long leave, so technically still on H1...would the 4 months gap be any issues at the time of GC adjudication?
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  #8 (permalink)  
Old 09-23-2008, 06:11 PM
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Default Not at all

Not at all. Whats wrong is she starts on EAD as soon as she is back in to this country. If you are out of the country you are on nothing.
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  #9 (permalink)  
Old 09-23-2008, 06:16 PM
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Default

She will not be out os status. ONly if the H1b applicant does not get paid while being in US, then applicant will be out of status.

Also since she has EAD as dependent and also AP, she would be better off using the AP and ead after she returns. Remember if she uses EAD, your H1b status will not be jeoperdized.

Quote:
Originally Posted by LostInGCProcess View Post
yes she has, but not using it. She is actually a derivative(dependent) applicant. But, my question would be, while she was here in US, she was on H1, now taken the long leave, so technically still on H1...would the 4 months gap be any issues at the time of GC adjudication?
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  #10 (permalink)  
Old 09-23-2008, 06:29 PM
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Default

Thank you all for your response. Appreciate it!
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