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H1 visa expired_ company benefits

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  • H1 visa expired_ company benefits

    Hi,

    My 6 year H1b expires 03/13/17. My current I94 lists the expiration date as 03/13/17. I have applied for H4 & H4EAD based on my spouse's approved I-140.

    I understand that I will be on NO status until H4 visa is approved. I will also not work for my current H1B employer from 03/10/17.

    My employer is willing to hire me again when I obtain the H4 EAD.

    ~While i'm waiting for the EAD, can my employer put me on unpaid leave OR leave of absence ?

    ~Can my employer continue to pay my benefits? while I pay my share of the benefits?

    ~If USCIS asks what my relation is to my employer during my wait time, can I say that i'm on a leave of absence from my company?

    ~Should we handle this as a Leave of absence or is it suggested to have my employment terminated and then re-hired?

    Work FT as an EE for a manufacturing company

    Look forward to your reply

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