Got converted to H1 from H 4, worked for 6 months, on maternity leave. Thinking to get converted to H4

[knaray01]

Hi,

I came to US on H4 visa but got converted to H1 and worked for 6 months.In Feb 2011 I had a baby and currently on maternity leave.

I may not be able to start working again until next year Feb and may need to visit India as well in coming November.

So, if I need to go to India I need to go for stamping on H1B. My employer is saying he will provide all required documentation for stamping.

He has also suggested getting converted to H4, going to India, get stamped on H4 and then come back and apply for H1 again.

So, I am confused on which option is better. Kindly can a Murthy attorney suggest which option is better?

"Going to India and go for H1 stamping""or "Converting to H4, get it stamped and then back to H1"

If I choose the later option will it be easy to get converted to H1 once I come back to US on H4?

Please help me.

[t75]

Is the length of your maternity leave the standard for your company? If not and you are not on FMLA (which I do not believe you qualify for), you need to be on H4. As a guest worker, you cannot choose to stay home with an infant; you are expected to live like US workers with a typical 6/8 week maternity leave and then a return to work.