Cannot leave country due to personal circumstances.
Anyone else with the same dilemma? how did you handle it ?
I see people all around working on the same silly stuff diligently . Wonder how on earth do they do that !?
14 YOE. TC 200K. And pls don’t message why I am tagging FbAG
- Indeed DookuH1b is modern serfdom. H1b workers either give up and lose everything, or endure the slavery from their corporate masters.
- Bullshit it's not slavery, really drives me nuts hearing this entitled BS like you have a birth right to work in US or no choice or something.
Nobody forced to to apply for h1b and nobody is stopping you from leaving.
Go work in India if you don't like it, it is YOUR CHOICE to be here and EVERY SINGLE DAY you could easily go to the airport and leave if you want to.Feb 112
- Credit Karma positive+New your response is more emotional than logical. With the same logic it is justified to abuse any employee because they always have the option to quit (note that I am not saying all h1bs are being abused I am just saying just because someone has a choice it doesn't mean any treatment is ok)Feb 112
- More or less that's correct. Short of illegal behavior if you don't like the way your boss treats you then quit.
H1b's are not being made to work with physically dangerous equipment or being forced to work without pay.
Maybe you should spend a day in the shoes of a minimum wage factory worker or farm laborer before you claim you are being abused.
- Same boat. Counting my years. Soon will move back to India ! Thankfully on the last leg of journey and my current work is not that stressful.
Otherwise these h1b golden handcuffs get really really heavy at times.
- Not that much actually. But I m a man of limited needs ;) . When I actually move, I will 4 to 5 cr. Can buy some decent real estate in tier 2 hometown and will have a stream of income through interest.
Will eventually work, and I hear the job market is pretty competitive in India too. Plus once out of this h1b prison (self-imposed), I can continue a job only if I like it, take breaks as I wish and also start my own company.
- @Google this sounds good. I am planning on similar lines, except that I don't have all the savings that you do. Visa restrictions and visiting my family once a year for 2 weeks is making me question if this life I chose is actually the life I want to live. All the best to you.
Do you move back with your SO/kids?7d1
- Each of the workplace you tagged has family/ medical leave of one month to 6 months paid to around 60% of your pay.
If work is totally not productive I remcomend taking that.
If you are still fucntional but willingly want to take break there is PTO plus unpaid leave on h1b till your pay slip does not show 0 amount.
I would suggest getting a week off and totally distracting from work now pressure making you feel burnt out
There has to be a hobby to take you off your work on weekends it helped in my case to take work as duty until I changed to something interesting
- Interesting . Thanks for your inputs. Does FMLA legally impact one’s H1b in any way ? [Are you talking about FMLA in the first paragraph ?]. I guess I need a medical reason to go on FMLA
Also Is being on unpaid leave with 0 payslip ok on H1b ?
Do you know of people who have done this ?
- FMLA does not affect h1b I see it in simple way that mostly it is paid leave insured by third party but you are still employed so status is still valid and you are in present here.( It's called leave of approval in some cases )
It was not allowed to go unpaid leave so I do not have any examples for people who have done that. I would avoid getting 0 in pay slip but can be any time checked with immigration attorney to cross verify the risk.
H1b gets tricky for such breaks that is why paid leave with descent medical reason is bets bet here . Inability to focus at work and lack of interest in day to day activities can be pre symptoms of developing depression so it can get approval from medical perspectiveFeb 111
- Cerner / EngZenobiaHere is what I have been doing for a long break for last 2 years. I haven’t visited India and I get 4 weeks of vacation every year. Luckily my manager is flexible enough to let me work from home, so I’m entire year I would wfh at times in between and only take few days off and then would take entire December off to get that winter vacation feeling. Has been working good so far for me.
- I thought h1b had few travel restrictions and at most a potential delay coming back if you leave before getting your docs?
When I was on TN I decided to apply for greencard directly instead of h1b first which is the recommended way.
As a result I faced a really nasty travel ban for almost a year where if I left the country my AoS application would be voided because I left the country, and because I applied for it my TN would be denied on re-entry as well. So really just screwed at that point, lost greencard and unable to come back on prior status as well.
During this time there was an illness in my family and I really wanted to go to see them but couldn't. Fortunately recovered. Also missed several major family holiday get togethers and a friend's wedding.
I didn't think h1b faced that.
- TN is a non immigrant visa. Your path to apply for green card was your call to choose. TBH, TN to green card is actually illegal and has severe consequences such as invoking old status. Sorry, I know I am not being of much help, but this was purely based on your risk apetite. h1b on the other hand is a totally different ballgame. You are constantly wondering if you’ll get the green card in 150 years, while other folks get theirs in 1-2 years.
H1b has travel restrictions too- imagine not being able to travel for 10 months while your extension application is in process. much worse than TN IMO.
- I don't have to imagine not being able to travel for 10 months, that was my exact situation. Except instead of just facing some delays if I did the impact to me would have been much worse.
TN to greencard is not illegal. If it were then when USCIS officer reviewed my TN visa at the AoS interview they would have rejected my application. What matters is what your intent is in entering the US. TN cannot be issued if you have immigrants intent, but once it is issued and you are in the country you can change your mind.
If you cross the border on TN and file i485 the next day that's likely going to raise issues. If you file it months later you likely just changed your mind. In my case that's the truth, I hadn't decided I wanted to apply until around when I did.
In any case once issued the TN remains valid status until you leave the country. Unlike h1b it ceases to be valid as soon as you exit and requires a new stamp on every re-entry.
Obviously if you have an active i485 they are not going to give you that stamp, and then you won't be able to get into the country to attend the AoS interview so you're screwed.
Unlike with h1b where in that case you could wait it out in your home country until the docs come and then return. At that point on TN it's not clear you can EVER get back into the US again.
- It took about 10 months from the time the travel ban started until I got EAD/AP.
The EAD/AP comes really late these days. I got it only about two months before the greencard itself. Didn't see the point of that really, wish they would just have sped up GC and skipped EAD considering it was only in effect such a short time.
Lawyers had advised no travel in the couple months before I filled the i485 so it's the i485 timeline plus a few months before that.
- Op-why can’t you take a month long break?If you want to take a longer break why don’t you just take a sabbatical?If even that is not possible just take a break and travel/enjoy
Life .Re interview and try to get a US based company in India.Im sure those companies will internally transfer you back after a year