Just before the layoff, I took an unpaid leave of one month at Employee A.
So the last 2 paystubs are missing from employee A.
Will it be okay if I attach 3 payslips before unpaid leave for my h1b transfer?
And also after layoff will h1b grace period be 60 days or 30 days as i dont have pay stubs for 30 days before layoff/termination date.
H1B Unpaid leave is difficult to prove unless it was genuine and Employer has same leave policy available for all employees.
I am afraid you took the leave intentionally. You will be counted ‘out of status’ for leave period if USCIS finds the fault.
Yes, leave is as per company’s leave policy and leave was approved. Employee-Employer relationship was still intact as they were paying for health insurance too.
Also, This approach was suggested by the company.
Also, what if my company reports start of unpaid leave as the termination date instead of end of the one month leave, and then my 60 day grace period starts from start of the leave.
Will it be okay if i find job within these 60 days,(i.e. within 30 days of current termination date).
Also, lets say when my next employer file for h1b transfer and USCIS does finds me out of status for that period, then whats next? What will be my next steps?
Will I have to leave country and come back?
What happens if I am married to a US citizen? Do i still need to go out and get stamp and come back in?
If your employer suggested you to take unpaid leave, then they would have told you the next step too.
What did they plan for you?
We have emails where i requested unpaid leave and they replied - leave granted with termination after the leave period.
@Anil_Gupta what do you think about this article?
Sorry, I don’t have time to go through article.
If you have a specific question, you can ask.
OK, it does mentions in this pandemic situation employers using unpaid leave to delay termination date as a valid/preferred option, as long as the leave is according to company leave policy for everyone.