Can we have a pay-vacation while ead expire?

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Dear_Frank

Registered Users (C)
Can we have a paid-vacation while ead expire?

can we take a vacation with pay when ead expires, and resume to work when ead renewal get approve? you know ins take more time in ead renewal now, which cause a delay and make many people can not get their approval in time. when h-1 and ead expire, we are not supposed to work, but can we have a paid? like take a pay vacation ahead since many companies allow to do so.
 
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Not a legal or an authoritative answer, but I believe you could. It is akin to reaping any post employment benefits after one has resigned from a company, such as stock appreciation, bonus for the past years' work etc.

After the elligibility to work has expired, I haven't seen any directive from INS or the labor department that the individual has to RESIGN! The requirement is that you should not work or volunteer because for such actions you would (and could) be entitled for remuneration.

But, paid vacation is something that you are entitled to because of your past employment with the company and not because you are actively performing any salary producing work.

Sorry for the long answer, but my opinion would be that it is okay to go on paid vacation. This is actually better because this situation doesn't result in any gaps in your paychecks.

Good luck.

-Palaniappan Rajaram
 
prajaram, thanks for your advice. but you might not tell from paystuff if the salary is paid for vacation or for work. if recieve RFE for past 6 month paystuff, we might be hard to explaim that.
 
Dear_Frank,

May be I was basing my answer completely on the type of paystub that I receive where it clearly mentions whether it was for billable work or comprehensive leave. Also, bonus, holiday pay etc etc are separately mentioned. Is yours not that way?
 
prajaram
it did list seperated on paid stuff, but it always assume I work in each weekday from 21~30 of each month because my paid stuff is generated and mailed to me before my time sheet is submited.
 
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