sathish2009 Posted November 15, 2013 Report Share Posted November 15, 2013 1.Is there a paternity leave for fathers on h1b? 2.If so how long the father can be on paternity leave ? 3.If the father takes unpaid paternity leave will he go out of status, does he have to apply for COS say to h4? 4.Can the father apply for COS from h1 to h4 to take care of the new born and a toddler ? 5.once applied for COS from h1 to h4 can the father start working again after a month with an amendment(since it takes 4months for COS to process) of the h4 receipt number when applying for COS from h4 to h1? What are the options for the father to take paternity leave. Link to comment
t75 Posted November 19, 2013 Report Share Posted November 19, 2013 Is this an employee benefit at your company? Of course he can COS to H4. One cannot work after COS to H4 until have approval for COS back to H1B. Link to comment
jairichi Posted November 20, 2013 Report Share Posted November 20, 2013 1.Is there a paternity leave for fathers on h1b? 2.If so how long the father can be on paternity leave ? 3.If the father takes unpaid paternity leave will he go out of status, does he have to apply for COS say to h4? 4.Can the father apply for COS from h1 to h4 to take care of the new born and a toddler ? 5.once applied for COS from h1 to h4 can the father start working again after a month with an amendment(since it takes 4months for COS to process) of the h4 receipt number when applying for COS from h4 to h1? What are the options for the father to take paternity leave. 1, 2 & 3. Check with your employer/attorney. 4. Yes. 5. Nope. Employer applies for COS from H4 to H1B as cap exempt H1B petition and only on approval you can start to work. You can do it by premium processing. Link to comment
sathish2009 Posted December 4, 2013 Author Report Share Posted December 4, 2013 When Changing from COS from h1 to h4 to take paternity leave , does the employer need to revoke the h1b? or just have to amend the reason for COS to h4 while applying for COS from h4 to h1. Just wanted to understand the legal process. Link to comment
jairichi Posted December 4, 2013 Report Share Posted December 4, 2013 When Changing from COS from h1 to h4 to take paternity leave , does the employer need to revoke the h1b? or just have to amend the reason for COS to h4 while applying for COS from h4 to h1. Just wanted to understand the legal process. By law employer has to revoke H1B petition once employee stops working. When a COS from H4 to H1B is filed it is a cap exempt H1B petition. Link to comment
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