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?
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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.
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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.
Work: H-1B Visa Petitions Can you contact me as a Reference: YES! Comments: Anna Baker and Fran Fisher have helped a number of my employees obtain H-1B Visas as well as file for extensions of existing H-1B Visas, with a 100% success rate! I believe we've now succesfully filed 10(at least) Visa petitions and extensions with them, and they've made the process incredibly easy for me. Even during the stressfull times of having to respond to RFE's, they always manage to successfully guide me through the process and ensure approvals. And while my knowledge of the immigration and H-1B petitioning process is minimal, to say the least, they always thoroughly explain everything to me, no matter how silly my questions are. They promptly respond to my emails on a daily basis and are incredibly professional from start to finish. No matter how many curveballs I throw their way; whether it's telling them someone's Visa expires in 3 weeks and we need to file for an extension immediately, or if we're missing a critical document requested by USCIS, they ALWAYS have a solution that ultimately results in an approval. I cannot recommend their team highly enough, and my employees cannot thank them enough for all of their hard work in ensuring their ability to live and work here in the US. I just hope Rajiv gives them plenty of vacation time, because they deserve it :-)