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Furlough and reduction in 60 days grace period

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  • Furlough and reduction in 60 days grace period

    My company pay every fortnight (15th and 30th of the month) . It furloughed the employees every alternate week from March last week till April end. May we were back to normal work schedule but on may 15 I was laid off. Wondering if furloughed will reduce my 60 days grace period ?

    All in all I was furloughed for 3 weeks between March and April, salary was paid on time but reduced due to furlough.








  • #2
    Furloughs are different from termination. Grace period starts on termination of employment.
    That being said, H1 / L1 employees should be paid per the LCA and at all times, failing which, the company is violating terms of the visa.
    The only way around this is when an employee voluntarily takes unpaid leave of absence. (so for those weeks : you should have sent the company HR an email stating that you are taking an unpaid leave of absence and they should have accepted it).

    Furloughs only make sense for Greencard holders and citizens as they can use unemployment benefits during that time.
    Opinion only. Cannot be construed as legal advice.

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    • #3
      From your response its clear, "Grace period starts on Termination of employment". Being furloughed, doesn't reduce grace period. I was furloughed (due to business conditions) so that's goes to employer not meeting its obligations. It should not affect my transfer case.

      Thanks for your reply.

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      • #4
        You will know whether it "affects your case" or not.
        Keep the forum posted on the USCIS adjudication of the transfer.
        Opinion only. Cannot be construed as legal advice.

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