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Unpaid Leave After Work Permit Expired

Discussion in 'General Discussions - USA & Canada' started by shravs3, Aug 15, 2019.

  1. shravs3

    shravs3 IL Hall of Fame

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    Hi,
    My colleague is in dependent visa and she has applied for EAD renewal.

    So employer told tat she can take unpaid leave upto 30 days after EAD expires while she is waiting for her EAD renewal.

    So my question is can you take unpaid leaves?
     
    Last edited: Aug 15, 2019
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  2. Caughtinbetween

    Caughtinbetween Silver IL'ite

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    In my experience , last year when I was waiting for my EAD to get approved I was to be put under administrative suspension without pay till i get my approved documents . I might be wrong here but in my knowledge if the EAD is expired you shouldn't get paid in any way . I was told by my company's immigration team to be on admin suspension without pay for upto 30 days and extend it as needed until you get the new card. Luckily I got mine approved the same day the old one was supposed to expire so I was on unpaid leave for just 3-4 days .

    Also here , I would like to mention that you can ask your friend to go to the ofc of local congressman and inform them about your case and ask for their help. It was of immense help to me then , otherwise it would have taken a long time for me to get it renewed.
     
  3. shravs3

    shravs3 IL Hall of Fame

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    @Caughtinbetween Thanks for responding.
    Hope it might help her to get her EAD soon by contacting local congressman
     
    Last edited: Aug 15, 2019
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  4. Caughtinbetween

    Caughtinbetween Silver IL'ite

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    I can understand , it gets very stressful. The most important factor is to not get a payroll generated after EAD expiry (on H4) in any form . Suspension means you are not on company's payroll . Going on paid or unpaid leaves is tricky. All the best to her.
     
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  5. shravs3

    shravs3 IL Hall of Fame

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    Oh ok
     
    Last edited: Aug 15, 2019
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  6. Caughtinbetween

    Caughtinbetween Silver IL'ite

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    I think this unpaid leave part is a bit tricky . It could help to put this question on avvo.com and see what responses you get . I use that with such questions . I am also confused about it since I proactively asked my company to pause my payroll for the period that was partially aligning with the EAD expiry date.
     
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  7. shravs3

    shravs3 IL Hall of Fame

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    So true.
     
    Last edited: Aug 15, 2019
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  8. Thyagarajan

    Thyagarajan Finest Post Winner

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    HAP HAP happy birthday India India . Bharat Matha key Jai.
    How helpful indeed here to be here in indusladies. I happened to know when I searched for good image of my lord and that’s how I was caught between and lo I am to mine of information and exposed to helpful tips on every aspect of life in general and in USA IN PARTICULAR.
    REGARDS.
     
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  9. Thyagarajan

    Thyagarajan Finest Post Winner

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    @messedup
    Thanks for clicking like option.
    It is never too late to respond but now half past eleven and Independence Day Avani Avittam day would be over in another 30 minutes. Get ready for tomorrow to face mundane world.
    God thank you for giving option to sleep in peace.
     
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