H1B extension pending changed to H4

[Kipra]

Hi,

I've been with the same employer since 2013(OPT and H1B) and My H1B extension has been filled in Sep 2017 and received an RFE close to 240 days in May 2018, at which point I am 6 months pregnant. So I spoke with my employer and made a decision and applied for H4 on Jun 2018. And the H1B extension has eventually been withdrawn later.

1. What status was I in from May/June H1 or H4 ? will I still be considered as a employee with my employer even after filing for H4 and until the H1B has been withdrawn?

2. I am wondering if I would anyway qualify for Maternity Leave(even unpaid) with my employer from May or June 2018?

 

Any clarification would be greatly appreciated.

 

Thank you!

 

[shekar11#]

On 1/18/2019 at 9:44 AM, Kipra said:

Hi,

I've been with the same employer since 2013(OPT and H1B) and My H1B extension has been filled in Sep 2017 and received an RFE close to 240 days in May 2018, at which point I am 6 months pregnant. So I spoke with my employer and made a decision and applied for H4 on Jun 2018. And the H1B extension has eventually been withdrawn later.

1. What status was I in from May/June H1 or H4 ? will I still be considered as a employee with my employer even after filing for H4 and until the H1B has been withdrawn?

2. I am wondering if I would anyway qualify for Maternity Leave(even unpaid) with my employer from May or June 2018?

 

Any clarification would be greatly appreciated.

 

Thank you!

 

1. That is tricky. How can you apply for change of status from H-1 to H-4 when your H-1 I-94 has expired. You need to get a second opinion.