Not started to work on H1b received Nov'2012.

[Muhilan]

Hi,

I was in L2-EAD from 2010 (valid 2010 to Feb13) and received new H1B visa by Nov'2012. Due to personal reason (new born baby) I didn't started to work with H1b and planning to work from Feb 2013 and my employer is good with my plan however employer didn't started to run payroll.

1. Do I eligible/Legal to take 4 months medical leave and hold my H1B visa(employer is fine but not started payroll)?.

2. I am confused whether still I am in L2 or H1B?.

3. Does my employer has to inform USCIS about my medical leave?.

Please assist.

[t75]

Baby is not an excuse for not reporting for work. Maternity leave after a normal deliver is 6 weeks. If you had earned FMLA leave, you could have taken that. When in the US you are expected to conform to the standard US business practices. If you cannot do so, do not plan to work in the US.

[wiweq]

1. Do I eligible/Legal to take 4 months medical leave and hold my H1B visa(employer is fine but not started payroll)?.

=> Whatever leave should be applied before going on leave, NOT AFTER. So, applying for medical leave after being on leave doesn't make any sense. You should have preapproved vacation/ leave to make sure that you won't be available to work. Just running payroll doesn't validate your H1b status; you should be actually paid to sustain your H1b status.

2. I am confused whether still I am in L2 or H1B?.

=> You are on H1b after the date mentioned on H1b petition. If you fail to work for employer and getting paid, you are out of status.

3. Does my employer has to inform USCIS about my medical leave?.

=> I'll suggest contacting an attorney and making the documents needed to defend this problem in future immigration matters. You may be asked to get the salary for those months from your employer. If they deny, you may also be asked to file WH4 to get the payments.