Can't find new assignments right away; Options 1) Resign or 2) Go on Leave of Absence

[albertpinto]

Can't find new assignments right away; Options 1) Termination or 2) Unpaid Leave of Absence

My Employer, who has generally been upfront with me and paid me on time until now, said they cannot afford to pay after my Client project assignment completes this month end (next Friday). I have been concurrently looking for new assignments/jobs for last two months without success. They said Feb 28, 09 will be my last paystub. I have requested them not to terminate me.

Now I have two options:

1) Resign/Get laid off on Feb 28, 09
2) Request about 60 days of Unpaid leave of absence to look for a new assignment or a new employer.

They have made it clear that if I go with Option 2, and it takes considerable time for me to find a new employer, my H1B transfer will have to be done with the continuous paystubs up to Feb 28 plus the Unpaid Leave of absence request. They will not issue additional paystubs for leave of absence period.

I really do not want to move back to India right away because my son goes to school here. Isn't Option(2) the best option for me?

If I end up finding a new job with a new employer after a month or two, will I have problems getting the H1B transfer approved with continuous paystubs until Feb 28, 09 + an unpaid Leave of Absence period until new job hire date?

 

[myh1bquery]

I am also in the same situation and need help.

For choice 1) - do we have to immediately leave US if we resign ?
Someone said that there is some grace period within which we could search a new employer to transfer our H1.

For choice 2) - if we give leave of absence, will the payroll / paystubs still generated ? Without payslips the H1B transfer process will not succeed.

Someone please comment.

 

[albertpinto]

myh1bquery,

Choice 1) yes if h1b employment terminates we are out of status immediately, unless a transfer petition is already filed by a new employer. I don't want to explore this option even if there is a grace period, because I have been looking for a new assignment for over 2 months without success and I doubt something is going to click within next few days.

Choice 2) With unpaid leave of absence employer is not required to pay, since technically the employee is requesting to be put on unpaid status.

I am on a percent basis with my employer, and never had any issues with paystubs. Given the near term market, they are inclined to just go with Option 1. But I prefer Option 2, so that I can stay back in US, and continue my project search. First preference would be to look for a new assignment on Corp-to-Corp basis and continue with the current employer, and the unpaid leave of absence would be a non-issue. If corp-to-corp search goes in vain, I would like to be in a position to swith to any other company with an offer. If I have to switch then, which could be after a protracted leave of absence, what are the chances of my H1B transfer getting approved with paystubs + unpaid personal leave of absence letter?

 

[albertpinto]

I have received many insightful suggestions and thoughtful advices. It appears the best course of action in my situation is to request a personal unpaid leave of absence and stick with my current employer. I agree with many that the worst that can happen after being on an unpaid leave of absence is a "remote" possibility of rejection of the next H1B transfer, and that too if I need to change employer before getting another new assignment, but all that is still a lot better compared to an "immediate" H1B cancellation as a result of resignation/layoff.