H1B Extension during Maternity Leave.

[vinsai]

Hi,

I am on H1B and I work on E-V-C model. I am currently on Maternity leave from April 26th 2012. I have my pay Stubs from my employer till May 1st 2012.. As I am on unpaid Maternity leave from April 26th 2012, I am not having Pay Stubs from May 2012. I am planning to be on Maternity leave till September 2012 and my Employer also accepted my Maternity leave till September 2012. I am applying for my H1B Extension now as my H1B I94 is expiring on July 27th 2012.

1. As currently I donot have Pay Stubs for the months of May, June and July, Will it create a problem for my H1B Extension. Can you let me know if I can submit any other documents in lieu of Pay Stubs?

2. As currently I am on Maternity Leave, I am also not able to get the End Client Letter that I need to submit with my H1B Extension. Can you suggest on the ways on how I can address this?

3. As a Non- Immigrant, Can I maintain my H1B Status when I am on unpaid Maternity leave?

Thanks so much in advance for helping me!

[rahul412]

Hi,

I am on H1B and I work on E-V-C model. I am currently on Maternity leave from April 26th 2012. I have my pay Stubs from my employer till May 1st 2012.. As I am on unpaid Maternity leave from April 26th 2012, I am not having Pay Stubs from May 2012. I am planning to be on Maternity leave till September 2012 and my Employer also accepted my Maternity leave till September 2012. I am applying for my H1B Extension now as my H1B I94 is expiring on July 27th 2012.

1. As currently I donot have Pay Stubs for the months of May, June and July, Will it create a problem for my H1B Extension. Can you let me know if I can submit any other documents in lieu of Pay Stubs?

2. As currently I am on Maternity Leave, I am also not able to get the End Client Letter that I need to submit with my H1B Extension. Can you suggest on the ways on how I can address this?

3. As a Non- Immigrant, Can I maintain my H1B Status when I am on unpaid Maternity leave?

Thanks so much in advance for helping me!

1. You have to be paid every month on H1B, even if you are on vacation. So obviously it will create a problem if you don't have latest paystubs.

2.If you can't provide client letter that means you are obviously not working at client location. Employer may file extension mentioning as you are working for in house project. Again, this is also very risky.

3.You can maintain H1B no matter what type of vacation you take. But you have get paid each and every month. That's what the law says.

[JoeF]

1. You have to be paid every month on H1B, even if you are on vacation. So obviously it will create a problem if you don't have latest paystubs.

2.If you can't provide client letter that means you are obviously not working at client location. Employer may file extension mentioning as you are working for in house project. Again, this is also very risky.

It would be a lie, and could result in lots and lots of problems, up to deportation. Never even suggest such a thing.

Legitimate leave of absence may be ok, provided it can be shown to be legitimate, and other employees can also get such absences.

The OP should discuss her situation with a good immigration lawyer.

[Divya2k12]

You are already out of status. You have to be paid every month on H1. Your H1 extension would not get approved without a client letter. You should convert to H4 immediately as your status currently is illegal.

[rahul412]

It would be a lie, and could result in lots and lots of problems, up to deportation. Never even suggest such a thing.

Legitimate leave of absence may be ok, provided it can be shown to be legitimate, and other employees can also get such absences.

The OP should discuss her situation with a good immigration lawyer.

So you mean to say that her employer can file for extension without latest paystubs because she is on maternity leave and not getting paid for that leave.