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.
Hi i am from Greece i had a telephone conversation with Mr Khanna about EB1 and EB2 and NIW he was very helpful explaining to me that applications for the above are quite difficult for sb that has only a masters degree hence under his guidance i decided to do an MBA and later with his help to get H1B and apply for the green card. thanks , sotiris