Maintaining H1 status on FMLA


SamirSanghavi

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I am currently on H1B and about to complete my project. As premuim processing is not in play and I dont wnat to enagage with shady employers, I am planning to take a career break  using FMLA (we had birth of a child couple of months back) . Can you please help me with following.

1. If I use FMLA, I would be on unpaid leave and would not generate any paystubs. If i change employer or file amendment with my current employer, would that cause issues with my application?

2. What is general interplay between USCIS rules and labor laws such FMLA?

3. Another option to consider is leave my curret employer and look for a new job? There is an opinion that you can spend 60 days looking for another employer. Is that true or are there differnces in how this rule/law/directive is interpreted?

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