{ "media_type": "text", "post_content": "I’m an SS at USDC. Waiting for my PERM to be filed and only have 4 months left in h1b. Talent has asked me to go out of country on an indefinite leave of absence (with no pay). Has anyone went through this route ? Or anyone aware of the consequences of this route or TBH is D trustable with this approach?! Any information will help! TIA.", "post_id": "61e4ffe08691a00026e01928", "reply_count": 11, "vote_count": 2, "bowl_id": "552d1d24dc1c586b09d2d051", "bowl_name": "Consulting", "feed_type": "crowd" }

I’m an SS at USDC. Waiting for my PERM to be filed and only have 4 months left in h1b. Talent has asked me to go out of country on an indefinite leave of absence (with no pay). Has anyone went through this route ? Or anyone aware of the consequences of this route or TBH is D trustable with this approach?! Any information will help! TIA.

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When are they filing your I-485? If they file it before H1expires, you can stay in the US tho cannot work. If you are talking about Labor Cert, you still have a long way to go in terms of process. That would take at least a year. Look for potential transfer to a diff office like Canada and move back in L1 after a year.

helpful

Thanks this helps. 1. My PERM labor certification hasn’t been filed yet. I am hoping it will be filed in next couple months. 2. Have been in talks with USDC leadership and TBA for months on transfer. Unfortunately transfer is supported as telecommuting only Senior con and above levels (which makes no sense). And if I find a suitable opportunity in any of the member firms I shall quit and move (based on TBA, the GC process will stop as I’m no longer with US firm).

A friend of mine was in the same situation and has been out of the country (in India) for 8+ months now. He got his I140 approved and waiting for the H1 to come back. Did the talent not offer you to transfer to Canada and come back?

helpful

There shouldn’t be a problem with you working for a company in India or any foreign company, since this won’t affect your PERM process. USCIS and the DOL only care that you’re not illegally working in the U.S. whatever you do abroad does not matter to them! However, your company might have an issue with you being employed by another company. You’d have to ask them if it’s ok with them since unpaid leave would be for a year and they can’t possibly expect for you to not work at all for an entire year! some companies offer sabbatical and if they have an Indian entity they transfer their employees to that entity and pay them the local currency.

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