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

Asked about 1 year ago - 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]

Additional information

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. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  2. Tripti Sharad Sharma

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    1

    Answered . 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.... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Ask your employer.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  4. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more

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