Hi,
I am working in a company in texas.
I am on H1B visa valid until July 2004 and today my manager told me that i had been layed off. I got an admission in a university which starts from first week of January 2003. So i was requesting my manager to maintain my H1B status until December of 2002 and i guess he can do it by showing me on "Unpaid Leave of Absence"....
I talked with the University attorney and she told that there is no way she can get me into F1 status as of now because the INS rules have become strict for students...and only she can do it only when the semester begins....she will send my I-20 copy to the INS and then i will get into F1 status....which is in january 2003.
Since our company is a small company my manager doesn't have any knowledge like how they can keep in status until end of december showing me on "Leave of Absence"..they are worried about legal complications to the company and they dont want to take that risk..so they are asking for some proof so that we can do like that.....
Can I stay on H1B status for the next two months, by being on "Unpaid Leave of absence". Is this legal?
Does the company have to face any problems with immigration, if they put me on 2 months of "Unpaid Leave of absence" and finally they pay my last pay cheque in January 1st week?
If INS accepts "Unpaid Leave of absence" for maintaining H1B status , is there any link or document so that I can show my manager and convince him.
Thanks
chess44
I am working in a company in texas.
I am on H1B visa valid until July 2004 and today my manager told me that i had been layed off. I got an admission in a university which starts from first week of January 2003. So i was requesting my manager to maintain my H1B status until December of 2002 and i guess he can do it by showing me on "Unpaid Leave of Absence"....
I talked with the University attorney and she told that there is no way she can get me into F1 status as of now because the INS rules have become strict for students...and only she can do it only when the semester begins....she will send my I-20 copy to the INS and then i will get into F1 status....which is in january 2003.
Since our company is a small company my manager doesn't have any knowledge like how they can keep in status until end of december showing me on "Leave of Absence"..they are worried about legal complications to the company and they dont want to take that risk..so they are asking for some proof so that we can do like that.....
Can I stay on H1B status for the next two months, by being on "Unpaid Leave of absence". Is this legal?
Does the company have to face any problems with immigration, if they put me on 2 months of "Unpaid Leave of absence" and finally they pay my last pay cheque in January 1st week?
If INS accepts "Unpaid Leave of absence" for maintaining H1B status , is there any link or document so that I can show my manager and convince him.
Thanks
chess44