Maternity leave during H1B extension

[Fall2012]

I am working on H1B on as consultant. My project is ending in Aug, my visa is expiring in sept and I am due for my delivery in Oct. (all one after the other).

I am getting signals that my project may not get extended (corporate policies), but not confirmed. Finding another project when I am 8 months pregnant would be next to impossible.

I have few questions:

1. If my employer files for my extension, and gets an RFE within a month for client letter, will an open ended letter (currently employed with no end date) work ?

2. What if I do not get approval before my visa expires ? will I be out of status ? or I can maintain my status with the recipt ?

3. What is my pregnancy leave eligibility in this case (loss of pay is fine). Basically as per law how will my leave affect my extension. Are there any special laws for such scenario ?

4. Another company is willing to file for H1B transfer (which will take me out of extension scenario), but client letter is the concern. If they file for H1B transfer now, without client letter, they may get RFE in a month or so, for which they will have 84 days to respond. Within that span if I manage to get a project after my delivery, will I be out of status (on maternity leave ) ?

Lot of information here, please let me know if anything needs clarification.

Thanks

[pontevecchio]

Is there a Mr. FALL2012 and what status is he on?

[Fall2012]

My husband is on H1B.

[pontevecchio]

File a COS to H4 before your project ends giving yourself time to get the receipt. Then have your baby and at some point of time start looking for a new sponsor to file an H1 with COS. There is no problem. Best of luck.

[H1BAP]

Hi Fall2012,

Could you please share your experience? How did you manage your status? I am going to on the same boat as you are very soon. Your reply will be greatly appreciated.

 

Thanks!

[t75]

COS to H4 is fine if she does not have paid maternity leave.

 

OP,  Many women work until just before delivery.  Your employer can place you with a new client.