Leave of Absence: Impact on 485 case?

gc2005nyc

Registered Users (C)
Gurus -

I need to take a leave of absence from work for a period of 3 to 6 months. My 485 is pending with VSC. Is this going to have any impact on my EB-based application?

Please share opinions.

Thanks.
 
gc2005nyc said:
Gurus -

I need to take a leave of absence from work for a period of 3 to 6 months. My 485 is pending with VSC. Is this going to have any impact on my EB-based application?

Please share opinions.

Thanks.
As for as I-485 is concerned it should not affect. But if you are on H1 It is different story. Provide more info.
 
no issue but gc employer to support u

gc2005nyc said:
Gurus -

I need to take a leave of absence from work for a period of 3 to 6 months. My 485 is pending with VSC. Is this going to have any impact on my EB-based application?

Please share opinions.

Thanks.
 
being on H-1

Hi,

I am in similar scenario.

number30 said:
As for as I-485 is concerned it should not affect. But if you are on H1 It is different story. Provide more info.

I am on H-1 and have I-140 (EB1-OR) + I-485, both pending. I might have to take 2 months unpaid leave of absence soon to go to home country and see my parents, who are really not in the best health.

How this should be handled to avoid any possible negative effects on a) H-1 and b) I-140 + I-485?

The employer is very cooperative.

Thanks

/dzxing
 
An unpaid leave of absence within the US might be a problem for H-1 status, as it could be seen as unpaid benching which is illegal. But if it is genuine leave for your personal reasons and you spend the time outside the US it should be acceptable. The end of this page at murthy.com ( http://www.murthy.com/news/ukhiaila.html ) has something about this.
Murthy.com said:
Another question was in regard to unpaid leave. Would an employee request for unpaid leave relieve the employer of the obligation to pay the wage? Again, DOL was concerned as to whether the employer would be pressuring the employee to take leave, for the convenience of the employer. If it is truly a voluntary leave, then it is legitimate for an employer to grant unpaid leave and not pay the employee during that time.

Also see http://www.fin.ucar.edu/hr/foreignvisitors/process_faq.html
Question: Can we give an H-1B employee an unpaid leave to go home for personal reasons for several months?

Answer: If the employee is requesting leave for personal reasons, yes, it can be unpaid leave, but it must be documented in writing, with a letter from the employee. On a technical level, since the employee will be outside the U.S. he/she will have no US immigration status during that time and arguably wouldn't be subject to H-1B regulations (not an argument to make were he/she working on assignment outside the U.S. as a UCAR employee).
 
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I am in AOS status (485 pending), no H1. I will be consulting an attorney this week t ounderstand what is the best way to handle this siutation.

I will post any information I can get.
 
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