Is it enough to stay on payroll(on leave of absence) after you are laid off?
- Thread starter Suresh T
- Start date
The company never took me off the payroll but this month end...
I need to tell them whether to put me on LOA or just delete my name. From your reply it looks like its better if I just stay on Payroll on LOA?? So in this case I shouldn\'t have to inform the INS, right(since i am with the same company)??
I need to tell them whether to put me on LOA or just delete my name. From your reply it looks like its better if I just stay on Payroll on LOA?? So in this case I shouldn\'t have to inform the INS, right(since i am with the same company)??
You are correct, my lawyer confirmed similar message last month.
It is much better to stay on Payroll on LOA. In other words, it is ok to get $0 paycheck as long as you are in their book. You are still the employee of the company, but you are taking leave of absence due to personal needs (such as family reason, kid is really sick, planning for marriage, taking 6 months honeymoon or whatever). If you have EAD card, while on LOA term, my lawyer advised that it is COMPLETELY OK to work for other employers, even for jobs that are not in the same job description. At the end of LOA term, there is an expected date where you are need to return to active duty in the company. Hopefully you get 485 approval prior to the LOA ending date.
This is a good strategy to pass beyond 180 days if one think that he/she may get cut. My lawyer advised me to count 180 days from ND, not RD (for safety reason).
It is much better to stay on Payroll on LOA. In other words, it is ok to get $0 paycheck as long as you are in their book. You are still the employee of the company, but you are taking leave of absence due to personal needs (such as family reason, kid is really sick, planning for marriage, taking 6 months honeymoon or whatever). If you have EAD card, while on LOA term, my lawyer advised that it is COMPLETELY OK to work for other employers, even for jobs that are not in the same job description. At the end of LOA term, there is an expected date where you are need to return to active duty in the company. Hopefully you get 485 approval prior to the LOA ending date.
This is a good strategy to pass beyond 180 days if one think that he/she may get cut. My lawyer advised me to count 180 days from ND, not RD (for safety reason).
Thanks so much ChrisSu
for calming my nerves down. the ability to work for another company while on LOA, is certainly a news to me. i will check with my lawyer in this regard. i hope she tells me the same story. as about the LOA period, i think its upto me as my sponsor company is willing to keep me on the payroll as long as I need.
please also share any additional information you have in this context.
for calming my nerves down. the ability to work for another company while on LOA, is certainly a news to me. i will check with my lawyer in this regard. i hope she tells me the same story. as about the LOA period, i think its upto me as my sponsor company is willing to keep me on the payroll as long as I need.
please also share any additional information you have in this context.
ChrisSu can you pls. answer this one?Is this true, AC21 on hold....plz help
Guys I just read a very recent posting from a guy who says AC21 has been put on hold
Is this true???? please help
Below is the URL
http://pub35.ezboard.com/fisnforumsi1485forum.showMessage?topicID=14623.topic
[ Mark ] [ Edit ] [ Delete ]
Guys I just read a very recent posting from a guy who says AC21 has been put on hold
Is this true???? please help
Below is the URL
http://pub35.ezboard.com/fisnforumsi1485forum.showMessage?topicID=14623.topic
[ Mark ] [ Edit ] [ Delete ]
A pay stub is a pay stub regardless the dollar amount
If RFEs are issued, I was advised that it is OK to mail the $0 paystub and also other paystubs that show dollar paid. So, you may end up sending more paystubs that requested. In RFE response, you can attach a letter from your company explaining you are on LOA due to personal reasons, and that you are expected to resume for full duty with the company at the end of LOA term. As always, check with your lawyer before you make any decision. I checked with mine, and he is completely OK with the LOA intention (he also advise it is COMPLETELY OK to work on side job on EAD). The reason I gave was the wife is in pregnancy period, I want to be with her throughout the prenancy and baby birth process.
If RFEs are issued, I was advised that it is OK to mail the $0 paystub and also other paystubs that show dollar paid. So, you may end up sending more paystubs that requested. In RFE response, you can attach a letter from your company explaining you are on LOA due to personal reasons, and that you are expected to resume for full duty with the company at the end of LOA term. As always, check with your lawyer before you make any decision. I checked with mine, and he is completely OK with the LOA intention (he also advise it is COMPLETELY OK to work on side job on EAD). The reason I gave was the wife is in pregnancy period, I want to be with her throughout the prenancy and baby birth process.
Other thing to be aware...
that I have seen some other companies lay off people while on LOA. I am not sure about the legal grounds on this. So, before, you make decision to take LOA, make sure that you:
1. check with your lawyer
2. discuss with your employer / immediate boss that you are trying to pass certain periods and would appreciate that they do not let you go while on LOA. You can negotiate with the employers that if your services are not needed, you are willing to be laid off at the end of LOA term (with hope that you got your 485 approval before the LOA term ends). You can advise that the company cost is nothing/mininum while on LOA, so there is no reason to let you go while on LOA.
that I have seen some other companies lay off people while on LOA. I am not sure about the legal grounds on this. So, before, you make decision to take LOA, make sure that you:
1. check with your lawyer
2. discuss with your employer / immediate boss that you are trying to pass certain periods and would appreciate that they do not let you go while on LOA. You can negotiate with the employers that if your services are not needed, you are willing to be laid off at the end of LOA term (with hope that you got your 485 approval before the LOA term ends). You can advise that the company cost is nothing/mininum while on LOA, so there is no reason to let you go while on LOA.
While on LOA...
since you are technically still on the company\'s payroll (i.e. still an employee), does it make it incumbent upon them (the company) to pay for your health benefits?
If that is the case, then it will cost them money and they may not agree. But since the company has already agreed to this then either it may not be a legal requirement that they pay for your health benefits while on LOA or they have not done the proper research. My guess is the former.
Anyway, you may want to research that because if it is the latter and the company finds out later on, they may let you go at that time. Personally, I don\'t think that it is the company\'s liability. Anyway, good luck with your approval.
since you are technically still on the company\'s payroll (i.e. still an employee), does it make it incumbent upon them (the company) to pay for your health benefits?
If that is the case, then it will cost them money and they may not agree. But since the company has already agreed to this then either it may not be a legal requirement that they pay for your health benefits while on LOA or they have not done the proper research. My guess is the former.
Anyway, you may want to research that because if it is the latter and the company finds out later on, they may let you go at that time. Personally, I don\'t think that it is the company\'s liability. Anyway, good luck with your approval.
Spoke with my lawyer and this is what she had to say:
-We don\'t need to inform INS about anything, we will act only in case of an RFE/Interview
-Staying on LOA on previous cvompany won\'t help because the sponsor company would not give any verification letter stipulating my wages and position title, so being on LOA is just for your mental satisfaction.
-Its important to find and join another position with same job title and job description so as to present a stronger case to INS(again, only if INS asks for more evidence).
-And finally, nothing to worry about since I have crossed the 180 days boundary.
-We don\'t need to inform INS about anything, we will act only in case of an RFE/Interview
-Staying on LOA on previous cvompany won\'t help because the sponsor company would not give any verification letter stipulating my wages and position title, so being on LOA is just for your mental satisfaction.
-Its important to find and join another position with same job title and job description so as to present a stronger case to INS(again, only if INS asks for more evidence).
-And finally, nothing to worry about since I have crossed the 180 days boundary.