How to Keep H1B active?

[Sat2006]

Hi,

My wife have approved H1 from Oct 1st 2012 (currenlty she is on L1 and from Oct 1st 2012, I will also move on to my new H1B) , but she cannot work till Jan/Feb 2013 due to her health problems. How can she maintain H1 B status till that point from Oct 1st 2012?

Can she submit a doctor certificate to USCIS to maintain the H1 B status till Jan/Feb 2013? Please let me know on the same. Thanks..

[wiweq]

Get a sick leave/ vacation letter approved from her employer. Because she is still associated with her H1b employer, she should have paystubs with $0 amount for those non-working days. Her H1b status will be started automatically from Oct1st, she needs to maintain it by maintaining relationship with employer.

[pontevecchio]

She cannot and does not need to. Paystubs with zero USD is not a viable or legal solution. Change her status to H4. Vague reasons will not help. Pregnancy or notice ? GIGO? You should discuss the matter with a Lawyer irrespective. It would be really irresponsible on your part to avoid dealing with any problems proactively since you have time.

[Sat2006]

@pontevecchio -

My wife is is carrying now and doctor suggested not to work till Jan 2013 (it's her due date). Please let me know how it can be handled without moving to H4.

Thanks.

[wiweq]

"Please let me know how it can be handled without moving to H4."

=> As said, involve an immigration attorney.

[pontevecchio]

Besides what wiweq has said you can definitely file a Cos for her based on your H1 petition and this will be effective from Your start date. Later on she can get her status changed again. She needs to involve her H1 employer and tell them of the situation.