Out of Status

[Nik81]

My H 1B Visa expired in July 2016 and my employer filed an extension couple of days before the expiry. My case was pending till Feb 2017 when my employer decided to upgrade it to premium. As soon as the case was upgraded, USCIS raised RFE for the case.
By the time the RFE was responded, I completed 8 months (240 days) on my extension request and had to stop working till the approval.
I got the approval last week. the auto generated email form USCIS says that my case has been approved and it also has the dates. but then my employer confirmed that we have to wait for the actual hard copy of Approval notice I797 to be able to get me back to work.
Can anyone please confirm if this is how it is?

Also since I was out of status, my HR confirmed that since I am out of status, I cannot apply any leaves for this period and have to be on leaves without pay for this period.
I got the approval one week after I stopped working and then after that I am waiting for another week or so to get the hard copy.
Can anyone tell if I can apply my leaves for the time period between my visa approval till receiving the hard copy?

Any other thoughts?
Please let me know if you need any more information and thanks for all your help.

[inadmissible]

Under state law, paid leave is a payment for wages accrued - services you have already rendered to them. After all, if you quit your job today, they have to pay you out for all accrued leave

I guess as an H visa holder you don't have the same bargaining power the rest of us employees have to take employers to task, but check with a labor attorney in your state what your options are

If you can, try to work for an employer who will treat you right

[raghvi]

My H 1B Visa expired in July 2016 and my employer filed an extension couple of days before the expiry. My case was pending till Feb 2017 when my employer decided to upgrade it to premium. As soon as the case was upgraded, USCIS raised RFE for the case.
By the time the RFE was responded, I completed 8 months (240 days) on my extension request and had to stop working till the approval.
I got the approval last week. the auto generated email form USCIS says that my case has been approved and it also has the dates. but then my employer confirmed that we have to wait for the actual hard copy of Approval notice I797 to be able to get me back to work.
Can anyone please confirm if this is how it is?

Also since I was out of status, my HR confirmed that since I am out of status, I cannot apply any leaves for this period and have to be on leaves without pay for this period.
I got the approval one week after I stopped working and then after that I am waiting for another week or so to get the hard copy.
Can anyone tell if I can apply my leaves for the time period between my visa approval till receiving the hard copy?

Any other thoughts?
Please let me know if you need any more information and thanks for all your help.

It would be wrong on your employer part to pay for the days when you were not allowed to work.

This is my opinion not legal advice.