H1B visa

[Sweety2000]

I am currently on H1-B Visa, which is valid until Sept 2010. However, there is a possibility that I may be “out of status” in mid-July (tentative). I need to evaluate what my options are and had a few questions about them

1. Leave of Absence - If I take a leave of absence, which is unpaid, am I still considered as maintaining an active employer-employee relationship and can preserve my H1-B status in that manner ? Another alternative is to go on LOA for a duration and get a severance check dated after the LOA period.

2. What is part time H1B? Can a severance of 2 weeks be distributed for a part time H1-B for 4 weeks

3. Is the process of an H1 transfer (in case I land a temporary offer from a consulting firm) or H1 approval (in case I transfer back from F1 to H1) equivalent ? I may need to decide between the H1 transfer thru a consulting outfit vs going to F1 status and reverting back to H1 as soon as I get a job.

4. Is it a law that in order to go for unpaid personal leave of absence you need to exhaust your vacation


Kindly respond to my questions. I would really appreciate your help.

Thanks
Sweety

[Subramanya]

I am currently on H1-B Visa, which is valid until Sept 2010. However, there is a possibility that I may be “out of status” in mid-July (tentative). I need to evaluate what my options are and had a few questions about them

1. Leave of Absence - If I take a leave of absence, which is unpaid, am I still considered as maintaining an active employer-employee relationship and can preserve my H1-B status in that manner ? Another alternative is to go on LOA for a duration and get a severance check dated after the LOA period.

---- For any LOA, you have to maintain H1 status. Not maintaining H1 status amounts to out of status, the day your employment is terminated or if you resign

2. What is part time H1B? Can a severance of 2 weeks be distributed for a part time H1-B for 4 weeks

---- Part time H1 is working 20 hours per week instead of the normal 40 hours. Severence and other conditions do not apply for such things. You have to be on H1status all the time and get paid irrespective of part time or full time

3. Is the process of an H1 transfer (in case I land a temporary offer from a consulting firm) or H1 approval (in case I transfer back from F1 to H1) equivalent ? I may need to decide between the H1 transfer thru a consulting outfit vs going to F1 status and reverting back to H1 as soon as I get a job.

---- H1 transfer has to be approved by USCIS, whether you do it now from H1 to H1 or F1 to H1, In the case of F1 to H1, you have to wait for the approval notice to be received by you and only then you can join the firm. Your reference to temporary offer is very vague, clarify that statement

4. Is it a law that in order to go for unpaid personal leave of absence you need to exhaust your vacation

---- What are you trying to accomplish with this statement. Once again clarify

Subramanya