Help...help....

N

ndJan2001

Registered Users (C)
Gurus, Can I go on PAID Vacation? My friend applied for EAD a month ago and his H1 has expired.

1) Can he take a PAID vacation? He has lot of sick leaves... Can he take sick leave?

2) Should he go OUT of Country?

Anyone who has been in the same boat? Please let me know what are the options? Thanks in advance..
 
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Did your friend get the EAD approved message? Then I think it is okey.Otherwise there is some provision like Interim EAD from your local office..Check with you lawyer

HE shud have an AP to travel out of the country.Since he already has and EAD,then he shud have applied for AP also...No problem there
 
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So your freind applied for EAD, and you want to go on vacation??????
what the hell u r talking about????? But I know what u meant,it is you in this situation, why do u want to post for your freind? Is he illeterate or what?

If H1 is expired, did u apply for extension or not? If so, you have 240 days of grace period to continue in work for same employer until you get the extenstion approval. If H1 extension is not applied before the expiry, then there is a problem.

Is EAD applied more than 90 days ago??? Then you can go to local INS and show the receipt and get the interim EAD.
Without one of these (Interim EAD or H1 extension applied before expiry), you are screwed. You can\'t work as you don\'t have any legality for working, but you are in status as a 485 applicant.

I guess, you have to take unpaid leave as you can\'t get paychecks being left without any work permit (H1 or EAD)

.....experts any comments???
 
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Milk,

Thanks for your reply (though a little Rude!)

Yes, It is for my friend... he did post similar query, but did not get reply... (Probably did not catch some Guru\'s eye..)

Yes, I am waiting for THAT answer...

1)Can he take PAID vacation?

2) He has NOT applied for H1 extension. He has applied for EAD on June 1 2001

PLEASE HELP...
 
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AFAIK, paid vacation is not possbile since he is not in working status.That will risk your application.Adjust with the company not to pay him till he gets his EAD approved and later maybe they can pay him as bonus or something like that after wards.Since 90 days have nto passed he cannot get an Interim EAD also.If you are living in some less crowded cities ,you can get an EAD within one day.Check out the time for cities for EAD approval.
 
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To pay or not to pay, or to go on PAID or to go on UNPAID, It is all depends on your legality to get paid. As of now, that I see it, your freind has no right to work in US (No APPROVED EAD in hand or No H1 extension). But your freind is in STATUS as of today because his I-485 AOS is pending, as long as it is pending, one can keep the status, BUT to work, you need a VALID work permit (EAD or H1). It is better to stop working mean, don\'t get paid, take a UNPAID vacation.

It is just my opinion, consult an attorney (a good one, not with Half Knowledge one)
 
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