Can I take unpaid vacation?

[jogro]

Currently on H1B

My company is hitting some rough times and we have had layoffs.

I still have a job but it is pending on a new contract coming in.

Can I take unpaid vacation, does this leave me 'in-status'?

If I search for a new job while on unpaid vacation can the H1B transfer go though successfully without up-to-date paystubs?

For example:
I go on unpaid vacation this week 09/13
I get my last pay stub 09/20
I search for a new job and get offered a job in October
I file papers for H1B transfer in October

Will this be a problem?

The other option is that my company gets back on track and I go back to them and continue to get paid.

Thanks for any input

 

[jbm]

It's good idea, but I don't know whether how much is legal. it's about taking chance, if INS caught you (in h1 transfer or any other process) and they think any suspious thing then it might be problem for you. usually if you are out of status more than 180 days then it will be serious problem. but couple of weeks shouldn't create much of the problem.

other option, you will be ok as long as again you join with them while your h1 is valid, but if that company won't survive then it would be problem for you in h1 transfer if ins asked for paystub.

I hope this will help.

JB

Originally posted by jogro
Currently on H1B

My company is hitting some rough times and we have had layoffs.

I still have a job but it is pending on a new contract coming in.

Can I take unpaid vacation, does this leave me 'in-status'?

If I search for a new job while on unpaid vacation can the H1B transfer go though successfully without up-to-date paystubs?

For example:
I go on unpaid vacation this week 09/13
I get my last pay stub 09/20
I search for a new job and get offered a job in October
I file papers for H1B transfer in October

Will this be a problem?

The other option is that my company gets back on track and I go back to them and continue to get paid.

Thanks for any input