Is leave of absence good option if H4 EAD renewal is pending?

Hi Anil,

I am in the same position. My employer suggested to take leave of absence. Is it safe so that I don’t get any trouble during GC process ? What is the diff between termination and leave of absence?

It varies by company and how comfortable they are.

Some send on leave of absense and others terminate as they have to fill I-9 and report it to USCIS.

It should not affect GC. But, there is no precedent. Nobody has reached the GC stage yet since H4 EAD was started in 2015.

So, cannot really say how USCIS or US embassy might see it in future.

H4EAD is about to expire this week and no extension yet. What is a better option? Leave of absence or termination? In terms of Taxes etc. Does it make a difference? Thanks in advance