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H-1B Furlough- 60 day grace period started on April 6

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  • H-1B Furlough- 60 day grace period started on April 6

    Hello,

    I'm currently on H-1B visa and I was furloughed on April 6th, 2020. I'm still waiting to get back to work but when I spoke to my employer's immigration manager they said my unemployment days have started but there is no clear return to work date. I'm a bit worried if I will not be put back to work before the 60 day unemployment period I will be out of status.

    Could you please help me what would be my ideal step to stay in the US without going out of status.

    Thank you.

  • #2
    Companies are required to pay H1B employees at all times. Only exception is when the employee requests a leave of absence to care for a family member / other pressing issues.
    "Furloughs" are no exception. They must pay you or make you take accrued / paid vacation.

    In your case, 60 days started on April 06th since this is a typical furlough with no time off. Reach out to the immigration manager and see if they will let you take voluntary leave of absence for the next 45-60 days. If they say yes, then send an email and they should reply to it with their consent.
    Opinion only. Cannot be construed as legal advice.

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