Change of Visa status during maternity


ramya_ramya

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Hi,

 

I am on H1B with valid  visa till 30-Apr-2016.However my I94 is set to expire on 18-Aug-2015.

I am already on maternity leave (FMLA) and my expected due date is 1st Aug and I have travel restrictions. Below are the options  discussed on how to retain my status in US :

 

1.File H1B extension - This is not possible as I do not have a project,

2. My employer is asking to change the status of my visa to H4 and they will extend my H1B after my maternity as soon as I get a confirmed project 

 

Once visa is changed to H4 my employer is asking me to convert to Indian employee and apply for Indian maternity leaves.

My US maternity (FMLA) and disability insurance are already approved . I was informed from my insurance company which maintains my leave,  that FMLA is already approved and it does not needs to be cancelled  due to change in Visa status from H1 to H4.

 

Please let me know should I continue to receive FMLA  and disablity insurance benefits?

Will this cause any immigration issues if I receive these benefits on H4?

 

 

 

 

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