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Q: Can H-1B employees take a long unpaid leave for personal reasons/family reasons/maternity reasons while still remaining a valid H-1B status?
A: Yes, H1-B employees may take long unpaid leave without having their status affected. Keep in mind that if leave is taken, one will not be paid. Furthermore, the employers may terminate employment at any time for any or no reason at all. If employment is terminated, the alien is out of H-1B status immediately. Contrary to a popular belief, there is no so-called “ten-day grace period.” However, as a rule of thumb in practice, an H-1B employee who is out of status for less than ten days would have a reasonable likelihood of having this out of status period disregarded by the USCIS. As a result, upon termination by the prior employer, the alien must file for a change of status as soon as possible.
– > 그럼 unpaid vacation 을 냈었다라는 증명서류를 첨부하면 문제될게 없을까요?
Q: My employer’s business has shrunk dramatically. As a result, he asked me to take 3-month unpaid vacation/leave and come back to work thereafter. Will I be considered to be out of valid H-1B status?
A: Yes, you will be considered to be out of status if your employer asks you to take unpaid vacation/leave. Moreover, the employer is considered to be “benching,” a violation of immigration law.
– > 사실 저는 이 경우에 해당하는데 이게 불법이라면 unpaid vacation 을 family emergency 라고 했을경우엔 타당한 사유가 될까요?