NelsonA: Furlough Questions

It's not really an end to employment, especially with benefits continuing to come in and the employer providing access to company resources that I still use. Benching triggers a grace period and is non-productive in status - I get it. Still, this is a grey area topic (re: below). Not really going to hit myself with any fear/fear mongering at this point. My company will likely bring me back soon (as in productive time with pay) and will know to not do this again. Authorities have bigger fish to fry. Keeping evidence of employee status and employer-employee relationship is recommended - daily e-mails, access/use of systems, conversations etc.

Another source (Fredrikson & Byron):

"A furlough is likely not problematic for individuals on L-1, O-1 and TN status, since there is no underlying LCA requiring certain wages and hours of employment. While these nonimmigrant statuses are also tied to employment, they would likely have a defensible claim to maintenance of status while on furlough if the employer treats them as active employees with a valid employer-employee relationship. "
 
Anyways... I received UI (including the extra $600/mo) while furloughed in the US (don't get hopes high). Think of it as a 'special' temporary layoff where I'm still considered an employee of the company (and they state that) and no official written or verbal declaration of termination of me was made to anyone. Rajiv mentioned something about the 60-day grace period kicking in when there's termination. I wasn't terminated, though some will argue about benching and such. I think I'll be just fine and will be returning back soon from what I hear. No further action required. More worried about COVID and hope rules get relaxed for those in less fortunate circumstances. I recommend to others in this boat to keep doing some limited work (including e-mails) and collect that as evidence. For H-1B on furlough it's more complicated - might have to request a leave of absence in writing and buy time that way and getting UI could be debatable.
 
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Yes. It is not normal. I remained employed with benefits under furlough (no termination), state dropped work search requirements, claimed COVID-19 provisions. One other time I did leave the US and was given state UI that way, but that was a permanent layoff where I was terminated.
 
help__seeker said:
Yes. It is not normal. I remained employed with benefits under furlough (no termination), state dropped work search requirements, claimed COVID-19 provisions. One other time I did leave the US and was given state UI that way, but that was a permanent layoff where I was terminated.
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Yah, see you got UI when laid off / terminated. Someone in this forum said you can't get UI Staying in USA.
 
Read carefully above and be clear. Received UI outside of US when permanently laid off / terminated. Received UI inside US when furloughed / not terminated. Not normal to get UI in US - unique times, circumstances. Not everyone qualifies who is furloughed.
H-1B has prevailing wage requirement, so it's a lot messier (re: staying in status).
 
Hi Help Seeker,

I'm a bit lost in this thread. Was your visa still valid when you were furloughed, or did you have to comply to the 60 day grace period?
 
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