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

Hi Anil,
I have a question regarding my L2 EAD filed under category (a)(18).

My L2 Ead expires on Nov 16, 2020. I had filed for the ead renewal along with my spouse’s L-1 extension through his employer under premium processing around 25th Aug 2020.

He got an RFE on Sept 2, 2020, which was hence resolved.

My husband’s L-1 extension just got approved by uscis on 28th Oct 2020. With two months wasted in the process, I might not receive my renewed EAD before Nov 16th, 2020.

My employer has offered to grant me an unpaid leave of absence for 30 days to start with. Is it ok to be on an unpaid leave of absence or should I resign?

We filed our AOS this month. Will my going on Unpaid LOA impact our AOS adjudication in the future. Would really appreciate a bit of advice in this regard!

Hi @monika08

Please read my answer above.