RD 10/29/01 need help

M

minniem

Registered Users (C)
Hi guys, need your advice.
RD 10/29/01, ND 12/04/01, FP 03/29/02 EAC020545xxxx. NO RFE
Company wants me to go on unpaid leave for 3 -4 weeks, but says I can only do that if I leave country, otherwise they would have to give me my notice. NEW bench policy - is NO BENCH!. Becoz they cannot give me unpaid while in US on H1B. IS THAT TRUE?

My lawyer says they checked status by speaking to IIO on 1/30/03 and were told its with an officer and we would here something within 30 days. Do you think I will get my approval any time soon. IF I risk coming back in say 3 weeks then get my 2 week notice I may be able to get a job with EAD? That buys me 5 weeks. I am so stressed.
 
your company is correct in the assumption that you cannot be unpaid when you are on H1B (there are exceptions based on medical reasons). You might want to apply for a EAD. You will be in status (since you are currently an AOS case) even if your H1B is cancelled. Sounds like you just need to hang in there for a few more days and everything will be okay. INS' estimate is the outside limit.

How is your company going to know where you are when you are on leave ? They cannot demand to know that information. Can you just visit "long lost auntie in California " for a month ?
 
If you're on H1B - you have to work and be paid by your sponsoring employer, otherwise it will violate the terms and conditions of H1B.

If you are on EAD - you're free to take unpaid leave IN the US or abroad (make sure that you have AP).
Even if you don't have EAD - you can still live in the US, as you are in-status once you have filed I-485.

However, when the GC is approved, you should have valid employment. That's what employment-based GC all about. If you somehow will eventually get laid off, find a job soon with your EAD, just in case you get an RFE.

Nobody knows for sure when the INS will approve your I-485.
 
You must log in or register to reply here.
Top