H1b Transfer during Maternity leave...


harsha82

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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

 

 

 

 

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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

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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.

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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

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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.

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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

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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.

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