Is it o.k. to take paid vacation during the timegap between H-1B expiry date and EAD starting date?

Question

My H-1B expires on december 28th, 2007.
My EAD application receipt date is October 28th, 2007.
I can get my interim EAD on Jan 28th, 2008.
I know it is not legal to work in this time gap, since I dont have any employment authorization. But can I take paid vacation ?? I wont be working in the company but my company would be paying for the accumulated vacation hours I accrued so far. Is that considered o.k.?

Answer 1

Yes

Answer 2

Employment while on H-1B status is limited to the employer(s) for whom a current H-1B visa petition was filed and approved.

After the nonimmigrant status expires, the principal alien and his family members are considered legally present in the U.S. as “Pending Permanent Residence Applicants” for the duration of the pending petition.

This status does not confer on an alien any right to work in the United States. Simply filing an application for EAD confers no right on the alien to accept employment. Aliens must actually have the approved documents in their possession in order to work on that basis.

Vacation pay is the amount employers pay their employees while their employees are on vacation. Giving vacation pay to employees rewards them for hours worked throughout the year. Vacation pay is considered regular wages for taxation purposes.

Only employees are entitled to vacation pay. You are not entitled to be an employee simply because you filed an application for EAD.

Answer 3

you shouldn't work or receive any income (including paid vacation) before your EAD is approved by USCIS. you are not allowed to work and get paid while your EAD is pending.
it is important NOT to have any documentation (like paystubs) that you receive income during this time.
USCIS or any of it district offices have stopped issuing interim EAD since 10/1/2006. good luck
Elimination of Form I-688B, Employment Authorization Card
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf