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sitaram_121
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Posted on 10-25-09 11:42
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Sathi haru ho h1b ma paystub bina katii din samma basa paienchaa. thanks
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pyaradeshbasiharu
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Posted on 10-25-09 1:09
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Sitaram,
R u pregnanat? R u in a Serious medical condition that hinders the ability to perform your Job? R u utilising the Vacation Period that u have accrued for a Period of time?
Explain clearly
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STUPIDA
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Posted on 10-26-09 10:34
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Pyaradesbasiharu...............I was thinking the same. Now, I am not pregnanat, nor I have any medical condition. But while in H1, after finishing my this project I want to go back in unpiad leave and spent 3-4 months back home with family. Is there such things I can do, and If so For how long?
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Aug25,1997
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Posted on 10-26-09 12:12
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you can go out of country for 3-4 months without any issue but you can't stay here in US legally.I have seen people staying here for 8-9 months without a paycheck but it is up to you if you want to take risk. It is not advisable.
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pyaradeshbasiharu
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Posted on 10-26-09 3:31
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Stupida,
There is no hard and fast rule on this case. Yes,as long as the person is out of the country, there is no problem.A leave of absence (other than medical leave or maternity leave) is not possible if the person stays in the country.An employee is allowed to maintain legal status if the employer agrees to an unpaid leave of absence to help an employee with his or her own issues like studying, dealing with family or personal problems, etc. However, if the Department of Labor believes that the employer forced the employee to take the unpaid leave of absence, then the DOL could penalize the employer and the USCIS considers that employee to have failed to maintain status .
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STUPIDA
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Posted on 10-26-09 3:51
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Thanks-a-lot!!!!It's not the employer that is forcing me to take a leave. As a matter of fact they will loose money If I am not in a project. But, I just want to spend few months back home with family, and I am sure my employeer will write all sorts of letter for my unpaid leave.
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lamaji
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Posted on 10-26-09 4:14
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 yaradesbasiharu ....I heard that there is 90 days of leave of absence allowed in one fiscal year.
Is that true...I have seen people in H1 staying on bench for 90 days....are they already illegal!!!
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pyaradeshbasiharu
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Posted on 10-26-09 4:22
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Stupida,
As long as it is unforced leave, then you should be fine.
Lamaji,
"I heard that there is 90 days of leave of absence allowed in one fiscal year."
Leave of Absence is only allowed for certain days according to the Company Policy..My company gives 15 days of Paid leave and most of them are likewise..You are not allowed 90 days of leave of absence on any case unless the criteria mentioned in my threads above..
"I have seen people in H1 staying on bench for 90 days....are they already illegal!!!"
There is "NO BENCH PERIOD IN H1B!! YOU HAVE TO GET PAID ALL THE TIME EVEN ON SO CALLED BENCH". Those guys are "out-of-status" if they are not getting paid all the time while in US..
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lamaji
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Posted on 10-26-09 4:46
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yaradesbasiharu ...thanks I personally know one friend who is on random leave of 3 months within ssame year.His leave was not continious 3 months but it was random...he said he has also filled Leave of Absence in these period. Now is there any way he could check his status....How to check someone's STATUS. Thanks for you time
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pyaradeshbasiharu
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Posted on 10-26-09 6:03
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" I personally know one friend who is on random leave of 3 months within ssame year.His leave was not continious 3 months but it was random...he said he has also filled Leave of Absence in these period."
He has to convince USCIS that he has done Voluntary Leave of Absence if he wishes to do a Transfer or File a GC in the Future. and it could have adverse immigration impact while Filing GC(if he wishes so)..Leave of Absence for 3 months (if the criteria that i mentioned in my above threads) is a tell-tell sign that the employee is benched and not getting paid..Which is Illegal
"Now is there any way he could check his status....How to check someone's STATUS" Some rules of thumbs r, if a person is in H1B status and living in US, he has to get paid all the times.(Except for the Cases that i have mentioned above)-Check Pay stubs for these Periods Check Status of his I-94-If he has staying here even if his I-94 has expired , in most cases he is Staying illegally.
There is no website for Checking Whether he/she is in Status or not..
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lamaji
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Posted on 10-26-09 6:21
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Thanks Pyaradesbasiharu, Does anyother Sajha friends know how to check STATUS in above case if someone have valid i94
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