harsha82 Posted June 27, 2016 Report Share Posted June 27, 2016 Hello everyone... I need your valuable inputs... My wife is on Maternity leave from May 1st 2016 holding H1B visa... We have baby in June.. Right now she is on bench looking for new assignment. Last week she got one good opportunity, the consulting company B want to ready to transfer the H1B to them. For transferring H1B she did not have Pay slips from May.. She have doctors letter. Is it possible to transfer H1B without Pay slips ? She can provide pay slips until April 30. Regards, Harsha Link to comment
JoeF Posted June 27, 2016 Report Share Posted June 27, 2016 If she is on maternity leave, she can't be "looking for a job"... So, your narrative is inconsistent. Link to comment
harsha82 Posted June 27, 2016 Author Report Share Posted June 27, 2016 Hi Joef, Right now she is on maternity leave.. But she came out of client project at the end of April applied for Maternity leave with the Employer A (Consulting Firm). 60 days Maternity leave with out pay. Client filled the position with new hire. By June ending she comes 60 day maternity leave period. But she got one good opportunity last week through Employer B. My question is can she able to transfer the H1B with out pay stubs for May and June. She has doctors letter submitted to employer during Maternity leave. Regards, Harsha Link to comment
JoeF Posted June 28, 2016 Report Share Posted June 28, 2016 So, she got a doctor's letter but still was able to interview for a new job? That looks as if the doctor's letter was fake... As I said, the narrative doesn't match. This looks like a fake leave. Link to comment
JoeF Posted June 28, 2016 Report Share Posted June 28, 2016 And a fake leave, which oh so conveniently coincided with the end of the client project is a big red flag. If she was on paid leave I would believe that it is a legitimate leave. Based on what you posted, it looks like a fake leave just to avoid having the employer pay her. Link to comment
harsha82 Posted June 29, 2016 Author Report Share Posted June 29, 2016 Hello Joef, I clearly explained about her situation.. She is on project until April end.. She on maternity leave from May 1st as per doctors advice (9th month ...) She have baby on June 10, 2016. After 1 week of delivery she got interview call from one prime vendor and cleared clients telephonic call. As per Employer policy is was on unpaid leave for 60 days. i dont understand your negative attitude... Saying Doctors letter as FAKE... If you need any proof i can provide my sons birth certificate and medical bills. I think in USA, you get fake Birth certificates. I expected advice on her situation.... Let me know what else you need to prove as genuine case Regards, Harsha Link to comment
JoeF Posted June 30, 2016 Report Share Posted June 30, 2016 You posted the inconsistent stuff: "My wife is on Maternity leave from May 1st 2016 holding H1B visa... We have baby in June.. Right now she is on bench looking for new assignment." So, what now? On leave, or on bench? I am just pointing out that your narrative is inconsistent. And if I as a lay person can see that, what do you think a USCIS examiner sees? The issue is that being on bench without pay is not allowed on H1. And you yourself said she is on bench right now... If she is on maternity leave, she is on maternity leave, and isn't looking for a new project. It is the employer's task to find projects for their employees, anyway. Link to comment
adshah84 Posted June 30, 2016 Report Share Posted June 30, 2016 Most probably she will get RFE and there are chances that her transfer will not approve with I94 so in that case she might need to leave country and enter back with VISA/I94. Link to comment
harsha82 Posted June 30, 2016 Author Report Share Posted June 30, 2016 Thank you Joef and adshah for your reply.... Joef i understood... I did not narrate the situation properly... She is maternity leave from May and her leave ends by this month end - 60 days. From July 1st she will be on bench looking for new assignment with Employer A. She got one good opportunity from her prime vendor (Employer B) and cleared clients telephonic call. Employer B want to transfer her H1B For H1b transfer she did not have Pay slips from May. Regards, Harsha Link to comment
pontevecchio Posted June 30, 2016 Report Share Posted June 30, 2016 It is certainly possible to take leave without pay during pregnancy and it is quite possible her H1 "transfer" will be approved if you keep a good firm on board depending on the integrity of the vendor. Link to comment
harsha82 Posted July 1, 2016 Author Report Share Posted July 1, 2016 Thank you Pontevecchio for your reply... Appreciate your help... We will go for premium processing to know the decision. Regards, Harsha Link to comment
JoeF Posted July 1, 2016 Report Share Posted July 1, 2016 Thanks for clarifying the issue. It is likely there would be an RFE. The doctor's letter and the employer's policy (basically, the employer has to have a written policy allowing others to go on a maternal leave as well, it can't be a special thing for one person) should help overcome an RFE. Link to comment
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