H1B - to - H4 after exteneded maternity leave

[namtan]

Hi,

I've applied for extended maternity leave on H1-B and have approved leave from my company. I wanted to convert to H4 without joining back to work.My questions are?

1. Is it illegal to stay on H1-B on approved extened leave without pay by company?

2. Can I convert to H4 without joining back to work / no paystub?

My husband have vaild H1B till 2012 end.

Thanks,

[namtan]

Can someone please advice us.

do I need to join back to work, before I convert to H4 or do I need any paystub to get converted to H4.

I've company approved leave letter with me, is this sufficient to transfer from H1 to H4

[pontevecchio]

I would suggest involving a Lawyer to make sure the matter is handled the right way. You should have filed for a COS to H4 instead of unpaid leave.

[t75]

What was the agreement with your employer?

When working in the US, you are expected to abide by US norms for maternity leave. If you qualify for FMLA, you may use that. Otherwise get yourself back to work or COS to H4.