H1b Querry on Forced Vacation

[SAP17]

My current employer wants me to go to INDIA on a forced vacation since currently he has no project to assign , I am willingto sign my vacation papers and stay back in USA for next 3 months . My employer says he cannot let me stay in USA after signing vacation and i have to exit the country, if not there will be legal issues for him were there is no provision as such to let me stay in USA.. Could anyone clarify if he says is true ? Please Help

[Subramanya]

My current employer wants me to go to INDIA on a forced vacation since currently he has no project to assign , I am willingto sign my vacation papers and stay back in USA for next 3 months . My employer says he cannot let me stay in USA after signing vacation and i have to exit the country, if not there will be legal issues for him were there is no provision as such to let me stay in USA.. Could anyone clarify if he says is true ?

---- The employer is acting weird. He cannot force you to do anything. He has to provide a job, pay you and maintain the status. At best if you want you can seek a transfer. Such employers will have to be shown their place of residence and you do not have to succumb to their pressure

---- If you do not want to go on vacation, the employer cannot force you

Subramanya

[SAP17]

Thanks Mr Submramanya

Thanks Mr Submramanya for your prompt reply with guidance .

[txh1b]

Employer can however let you go (lay off) and they have to pay for your return ticket. It is illegal for you to **** a bench period as vacation without pay. Benching without pay is not in the books of DOL or USCIS.

[kabkaba]

You need to have a valid reason for a long vacation. Neither the employer nor you can explain it otherwise. The employer has the right to grant or not grant you vacation and also has the right to terminate you.