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I did my summer internship and then continued to work in the same company in fall too. I haven't received my OPT card yet. I asked my employer to stop running payroll till I receive my OPT card, My employer contacted the immigration attorney and said that I shouldn't actively involve in work and I can be on PTO till I get the card. I can still receive the pay and all the benifits. I am worried that if I am on PTO, receiving my pay and benifits is not considered as working? and is that legal to be on PTO while my OPT is still not approved?
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Your message was posted as anonymous on Facebook wall- (Jan 6th)Comment
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on what date u applied for opt eadComment
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You should take unpaid leave of absence until you get your ead.Comment
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I had the same situation. The attorneys suggested for a termination and rehire instead of leave of absence. I was rehired after I got the EAD card. I'm not sure if all the companies would do that.Comment
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Not a problem with unpaid leave.
Most MNCs will not do that and change policies for one associate.Comment
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Technically no .. Leave is still considered as employment ..Comment
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1 money u receive should note compensation for u r work ( can be bonus or can be paying because of agreement)
2 hmm if u take leave then it is illegal ..
If u are just absent because u don't have valid work permit and u r employer just updated their systems as leave just to make process easy( instead of terminating and rehire )then it is legal ..Comment
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