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Can Employee take leaves when he/she does not have work authorization ?

Sunnyvale, CA |

I am working on L2-EAD. My spouse's H1 is filled and it can be approve anytime. I have also applied for L2 to F1 COS. But COS processing is taking time, still it is in initial review, So I can't ask for CPT. Any Idea if I can take leaves till the time I'll get CPT from my job ? or I'll need to leave company [ I don't want to quit my job, If I can take leaves then it'll be good]

Is there any Leave - Type for employees in law when they need to take leaves because of Work Authorization not there for couple of months ?

Attorney Answers 4


  1. Even if you get the F-1 ... don't be so sure you'll get the CPT.

    I suggest considering H-4

    As for leaving the company ... you must quit your job when your EAD expires, or your/your husband's COS is approved.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- franco@capriotti.com -- www.capriotti.com -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. No guarantee you'll bet a CPT. Have to quit working when husband no longer on L-1B employment. Best option to apply for COS to H-4 after his H-1B approval.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Ask your employer.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  4. You seem to be doing the right thing which is maintaining status. Whether you quit or seek leave is a call you will make ideally after consulting an employment/ labor lawyer who will carefully review your employment agreement and advise.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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