ramya_ramya Posted July 25, 2015 Report Share Posted July 25, 2015 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? Link to comment
pontevecchio Posted July 26, 2015 Report Share Posted July 26, 2015 No Immigration issues because of this. FMLA is a statute and nothing called calling it back. Does your spouse have an approved or proposed I-140? Link to comment
ramya_ramya Posted July 28, 2015 Author Report Share Posted July 28, 2015 Thanks for reply. Yes my spouse do have an approved I-140. Link to comment
pontevecchio Posted July 28, 2015 Report Share Posted July 28, 2015 You may be entitled to H4 EAD which opens up opportunities. Link to comment
Recommended Posts
Archived
This topic is now archived and is closed to further replies.