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Voluntary break after H1b is approved (faculty job,Cap-exempt H1b)

Discussion in 'College and University Faculty' started by faculty_guy, Apr 6, 2013.

  1. faculty_guy

    faculty_guy Junior Member

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    I am working at present in a University A as a post doc fellow with CAP-exempt H1b. I have got a job in another University-B as a asst.professor and my cap-exempt H1b will be transferred there . I will also have cap-exempt H1b in University-B. The start date is end May,2013 . I was wondering if the H1b gets approved can I take a unpaid vacation in summer and start there from August ,2013? Can I put health reasons ? Do I have to produce documents for this ? I will stay in US during the summer.

    I looked into LCA requirement PART 655—TEMPORARY EMPLOYMENT OF FOREIGN WORKERS IN THE UNITED STATES
    § 655.731

    (ii) Circumstances where wages need not be paid. If an H–1B nonimmigrant experiences a period of nonproductive status due to conditions unrelated to employment which take the nonimmigrant away from his/her duties at his/her voluntary request and convenience (e.g., touring the U.S., caring for ill relative) or render the nonimmigrant unable to work (e.g., maternity leave, automobile accident which temporarily incapacitates the nonimmigrant), then the employer shall not be obligated to pay the required wage rate during that period, provided that such period is not subject to payment under the employer’s benefit plan or other statutes such as the Family and Medical Leave Act (29 U.S.C. 2601 et seq. ) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq. ). Payment need not be made if there has been a bona fide termination of the employment relationship. DHS regulations require the employer to notify the DHS that the employment relationship has been terminated so that the petition is canceled (8 CFR 214.2(h)(11)), and require the employer to provide the employee with payment for transportation home under certain circumstances (8 CFR214.2(h)(4)(iii)(E)).

    I will appreciate if you can give your opinion.

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Voluntary break after H1b is approved (faculty job,Cap-exempt H1b)

    When you change employers in the U.S., you must report for work with the new employer within 30 days of the approved change.
     

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