H1-layoff query

[gcaspire]

My friend is currently on H1. His company has given him notice that due to financial troubles they will stop paying him after two weeks. But they will not cancel his H1. They will inform INS that he is on 3 months unpaid leave. They have given him the option to go to India for 3 months or stay back here.

My question is :
1. Is it LEGAL to go on a 3 month unpaid vacation on H1?
2. Will my friend be out of status if he stays back here while on unpaid vacation?
3. Can the friend return from INDIA after 3 months on the currently stamped H1 in his passport?

Thanks in advance for the info.

-gcc

 

[jbm]

The best thing to find h1 sponsor job within two week ( i know market is very bad, but that's reality)

Originally posted by gcc
My friend is currently on H1. His company has given him notice that due to financial troubles they will stop paying him after two weeks. But they will not cancel his H1. They will inform INS that he is on 3 months unpaid leave. They have given him the option to go to India for 3 months or stay back here.

My question is :
1. Is it LEGAL to go on a 3 month unpaid vacation on H1?
Nop, once pay stop, you are not on h1 any more.

2. Will my friend be out of status if he stays back here while on unpaid vacation?
Nop, he will be out of status.

3. Can the friend return from INDIA after 3 months on the currently stamped H1 in his passport?
He can take chance, it would be not legal, if he caught then it would be very bad.


Thanks in advance for the info.

-gcc

 

[Jim Mills]

The company CAN'T unilateraly decide that he is on an unpaid vacation for three months. The company must pay the employee (if he is available for work) or offer the employee a return air ticket to his home country and cancel his visa with INS.

Jim