H1b issue - need help - urgent

[venkiis]

My wife is in h1b status. She was working for company A. We had our baby and the she informed company A, that she will be on maternity leave for some month. Company also agreed.

Now after 10 months, she contacted her company to join back. They said, that she has been out of work for a long time, now if she joins back work, the company will get audit from USCIS. They also said her H1b is not been revoked.

When she asked , how come they agreed to let her go on maternity leave when she asked initially. Then the company A mentioned, that they can waive some months.

Now the company is asking her to convert to H4 and then transfer to H4 - H1 to join back work. All the costs will be born by my wife.

I am also in H1b and i know for sure, that she must get paid on her leave otherwise Company A should have cancelled her Visa on day 1 of the leave.

This is really frustating, she cannot transfer her h1 as she does not have any pay stubs and i feel paying the company A to join back to work is cheating ourselves.

Please advise on what we should do.

[JoeF]

A company can not ask for money for a change to H1.

I suggest you discuss your situation with a good immigration lawyer.

[omshiv]

10 months Maternity leave?? she should have better converted to H4...stop blaming the company..your wife was out of status all these while..

as JoeF mentioned, get an attorney involved.

[rahul412]

This is really frustating, she cannot transfer her h1 as she does not have any pay stubs and i feel paying the company A to join back to work is cheating ourselves.

Man, that guy has trapped you. Give a call to murthy firm.

[t75]

She does not have to be paid for maternity leave for any longer than that for a USC.They would not cancel visa for a normal approved leave; her problem is that she expected to be treated special. Why should a foreign national receive benefits which a USC would not? It was her responsibility to be aware of her benefits. When in the USA, women are expected to abide by US norms and corporate policy. Many US women qualify for FMLA as well as maternity benefits; that leave is unpaid. If she qualified, she could have used it as well.

[venkiis]

@t75 ... relax dude...

i did not ask for any personal opinions on my family. I had a visa question and JOEF answered it well.

I am not here to start any flame works on immigrants and USC , if that is what you are expecting...