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Leave of absence during H1
- Thread starter cannon576
- Start date
I found couple of articles on this issue; But the articles might be old and confusing. it says its ok if its personal or medical, but also says you might be violating H1 status.
please post the info you know regarding other questions posted earlier.
Thanks
http://www.murthy.com/UDh1iii.html
Benching Rule
If H1B employees are “benched” due to the employer’s business reasons (such as the lack of available work), then they must still be paid for the full hours specified on the H1B petition. If an employee is absent based on issues not work related, such as personal or health reasons, then the above provision does not apply.
http://www.murthy.com/arc_uds/UDdolh1.html
The Department of Labor (DOL) has also published proposed regulations on some of the other aspects of the H1 law under the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). Please note that these regulations are only proposed, rather than final regulations.
a. Benching
The regulation provides examples of breaks in employment which do not constitute benching. For instance, if the employee takes a leave of absence at his or her own request, then this is not benching and therefore the employer would not be required to pay the wage during this period.
Note that since these regulations are from DOL, which is mainly concerned with pay issues, they do not address the issue of the employees status. An H1 employee who takes a leave of absence and does not change to a non-working status, will generally be violating H1 status.
http://www.murthy.com/chat0709.html
Chat User : Is it possible that I can take a leave of absence after filling for CP from the sponsoring employer and join back after a month? Will I have a problem during CP?
Attorney Murthy : Should not be a problem if the reason for the leave is at the request of the foreign national and for a legitimate reason that the employer would offer other U.S. citizen or GC holder employees at the company. If so, then no problem, otherwise, it could be so.
http://www.cpaea.org/db/current/h1b/3061030288213.html
1. Can H1 holder be in leave of absence? Any limitation on how long the leave of absence can be?
Yes. The length depends on individual circumstances and company's usual practice.
2. When a H1 holder in leave of absence finds another job, can he do the H-1 transfer?
Yes
3. Can a H1 holder visit his home country for several weeks during his leave of absence?
Yes
4. Are the answers to any of above questions related to the reason for leave of absence?
Yes
please post the info you know regarding other questions posted earlier.
Thanks
http://www.murthy.com/UDh1iii.html
Benching Rule
If H1B employees are “benched” due to the employer’s business reasons (such as the lack of available work), then they must still be paid for the full hours specified on the H1B petition. If an employee is absent based on issues not work related, such as personal or health reasons, then the above provision does not apply.
http://www.murthy.com/arc_uds/UDdolh1.html
The Department of Labor (DOL) has also published proposed regulations on some of the other aspects of the H1 law under the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA). Please note that these regulations are only proposed, rather than final regulations.
a. Benching
The regulation provides examples of breaks in employment which do not constitute benching. For instance, if the employee takes a leave of absence at his or her own request, then this is not benching and therefore the employer would not be required to pay the wage during this period.
Note that since these regulations are from DOL, which is mainly concerned with pay issues, they do not address the issue of the employees status. An H1 employee who takes a leave of absence and does not change to a non-working status, will generally be violating H1 status.
http://www.murthy.com/chat0709.html
Chat User : Is it possible that I can take a leave of absence after filling for CP from the sponsoring employer and join back after a month? Will I have a problem during CP?
Attorney Murthy : Should not be a problem if the reason for the leave is at the request of the foreign national and for a legitimate reason that the employer would offer other U.S. citizen or GC holder employees at the company. If so, then no problem, otherwise, it could be so.
http://www.cpaea.org/db/current/h1b/3061030288213.html
1. Can H1 holder be in leave of absence? Any limitation on how long the leave of absence can be?
Yes. The length depends on individual circumstances and company's usual practice.
2. When a H1 holder in leave of absence finds another job, can he do the H-1 transfer?
Yes
3. Can a H1 holder visit his home country for several weeks during his leave of absence?
Yes
4. Are the answers to any of above questions related to the reason for leave of absence?
Yes