Maternity leave on H-1, FMLA and status
My wife is on H-1B visa and went on Maternity Leave (normal delivery) starting 8-Sep-2015 and will be completing 6 weeks of allowed vacation on 16-Oct-2015 (We have 6 Weeks letter from doctor). However, she would like to extend the leave till 15-Dec-2015 ( Total Duration 3 Months 10 Days) as we do not have the required support for the baby. Her Employer is willing to provide her with a leave/vacation letter and she can continue to work with the same employer post her vacation. Pay stubs ($0) will not be provided by the employer.<br>
Also, we are trying to have the pediatrician provide a letter suggesting 4 months of leave but not sure if we can get the same or will it be helpful?
<br>
State - New Jersey<br>
Visa Type - H-1B<br>
Question 1 - Will a $0 pay stub from employer be helpful to keep her in status while on leave?<br>
Question 2 - Will letter from pediatrician suggesting 4 months of leave be helpful to keep her in status while on leave?<br>
Question 3 - Request you to suggest if she will be in valid status if she continues to be on leave till Dec-15 and have a vacation letter from the employer without pay stubs ?<br>
We do have an option of moving her to H4 starting 30 Oct but would like to avoid the same.
<br>
If she changes her status to H-4, <br>
Question 4 - Will her current employer have to file a new H1B or a simple COS from H-4-H-1B would be required once she is ready to work?<br>
Question 5 - Can COS from H-4 to H-1B be filed in premium processing ? If not, what are the timeline for processing of the same.
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
If you don. t know the secret beyond TEAM WORK read the following. It is the clearance of Labor Certification in California. Rajiv and his team members filed on 10th May 2000 for my Labor Clearance under RIR category. It was cleared at EDD Sacramento on 23rd of May and sent to DOL, SanFrancisco for further approval. On 5th June I got a message from the GREAT TEAM and surprised to hear that the Labor Certification is done. . Excellent Job!!! Just in 25 days!!! Unbeleivable !!!. Probably it is stunning news for Rajiv too. I know the quality of the work, the efforts what they put and how systematic they are. Extremely professional!!! Moreover, they are easily accessible, including Rajiv. It is pleasure to me to mention the team members : Rajiv, Suman, Vijay, Richa and Priya. Probably there is no substitution for this team. So here is the secret: Go ahead and call 1 703 908 4800 immediately.