H1B termination during pregnancy and H1B to H4 & then back to H4


Recommended Posts

I am currently on H1B working in WA, my employer asking me to travel back to India as they are not able to find a project for me. But the problem is I am already in my 8th month of pregnancy and gynecologist advised me to avoid long journey as I have some medical complications. I told my employer that I am ready to work till my delivery date if they are able to find me a project, but employer forcing me to travel to back to India even though I submitted them the medical certificate from doctor regarding my travel restriction.

Now they are threatening me to resign otherwise they will terminate me from the Job.

My husband also works for the same employer in CA. Could please advise whether can I sue my employer forcing me for travel back to India when I am pregnant or change the status to H4 to take a break and later move to H1.

My doubt on the status change, can I stay in US during the process of Status Change from H1 to H4 without Pay?

Thank you so much



Link to comment

You can apply I539 for status change from H1 to H4 and can stay legally while it is under process. You need to apply H1 to H4 before your current I94 expiry date or before your H1 is revoked by your employer.

You can sue your employer if you believe you have a strong case and that you are getting fired because you are pregnant. Refer to class action lawsuit on Qualcomm by women.

Link to comment

Thank you inquest, rohang and pontevecchio.

One more question, Assume that H1 to H4 status changes take 6 months time, but I want to the my change back to H1 after 5months, in that case I need to wait till my H1 to H4 is approved and file again back for H1 conversion right??

Similarly can I work after the employer filed for H4 to H1 conversion or need to wait till it get approved?

Link to comment


This topic is now archived and is closed to further replies.