Leave of absence

K

KRNTNS

Registered Users (C)
Hi,

RD: July 2001
ND: Aug 2001
EB3
FP Done

Due to lack of projects, my company has asked me to take leave of absence for a couple of months until I get my GC or until a new project comes along. The company will be providing the required info like employment letter, etc in case of an RFE. I do have a valid reason for leave of absence, i.e to take care of my newborn baby (Family Medical Leave Act).

What would be my best course of action, do I stay with my company or look out for a new job?
 
Iam in the same boat like u...

I applied 485 in Sept.I will be leaving US for 3 month vacation to India in the month of July and I dont think there will be any problem.My project will be over by June 30 th.After coming back I have to look fro a job.
 
Employment RFE

Suren,

Are you being paid during your vacation? I am not.
What would you do in case INS asks for the latest paystubs? (hasn\'t happened until now according to my lawyer, but you can never be sure)
 
not being paid..

I dont think INS can expect you to get paid for 3month vacation when you are on vacation for such a long time.Your lawyer is right.INS only expect you to show the employment letter for an employment related query.
 
Options

Q1. You seem to have passed 180 days already. Why are you hesitant to take up a new job, if you can get one? Is there a reason?

Q2. Are you from India? A lot of US projects are moving to India, so if you are not getting paid it is a better option unless you have other reasons, I know folks who have taken up assignments in India and they will come back in a few months time.

Q3. Are you in a big city? May be not be relevant, but helps.
 
answers

1.yes 180 days have passed.
2.Iam from India but how can you go and work in India and wait for approval there?Is it allowed.How many months of vacation is allowed to take during 485 period.
3.Iam from denver.
thanks in advance
 
Options

GC is for future. No paystubs are required. It can only validate your H1B status, so to me it is better to be out of here when there is No Project, rather than pay bills and also get scrutinized.

Also,
Q1. You seem to have passed 180 days already. Why are you hesitant to take up a new job, if you can get one? Is there a reason?
Q2. Are you from India? A lot of US projects are moving to India, so if you are not getting paid it is a better option unless you have other reasons, I know folks who have taken up assignments in India and they will come back in a few months time.

Q3. Are you in a big city? May be not be relevant, but helps.
 
Answers to your questions

1. There is no problem in finding a new job. Is this the best option?

2. Yes, I am from India and my company has a branch there. A couple of my colleagues who have applied for GC\'s have gone to India. This could be another option to explore too.

3. I live in Chicago. How does this affect the GC process?
 
You should not have any problems

1) You can take up any job, if you have your EAD, and 180 days are over.

2) You can go out of USA, if you choose to, and come back after a few months or whenever the I485 gets approved, if you have AP.

Neither one should affect your GC. Atleast, it has not for the folks I know.

Hope this helps.
 
Which is better H1 or AP?

Hi Oxygen,
 thanks for your reply.I sent my passport for stamping.I extended my H1-B eventhough I have EAD and AP.I dont want to use EAD unless it is must.In July I will be going to India fro 3 months vacation.While coming back can I come back with my H1-B visa? My question is whether I will have a problem at the port of entry because of my long stay(i.e. 3 months of stay in India).If so what documents do I need to produce at that time.Is it safer to come back using AP than with H1?
Please advice me.Thanks in advance
 
Reason

The only reason some do not use EAD is because if by sheer bad luck your 485 does not get approved then you are out of status. AP or H1 visa are both equally valid for entry.
 
My questions are ...

1.Is it okay to stay for 3 months in India.My employer does not have any branch in India.
2.Moroever if my G-card gets approved during my stay in India can I come back and get stamped in USA.There seems to be some problem in this situation because in the previous discussions in this board people were telling 2 answers- one answer is yes and the other answer is no ..we need to do stamping in India only...
Iam little confused..please advise..
thanks in advance.
 
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