samsbst Posted November 26, 2013 Report Share Posted November 26, 2013 Hi, I am sure this question has been asked before but when I tried to look for the for the similar topic, I could not get an exact question that matches what I would like to ask. So please read the below question and advise based on my situation which is: 1) I am on H1B extension (8th year running). 2) Have PERM and I-140 approved and have valid H1B until Oct 2014. 3) Me and my wife had a baby in August of 2013. 4) Me and my wife are Civil Engineers and have been working for about 8.5 years for the same company with all the paperwork in order. Now based on the above situation, i have the following question: Since August, when our baby was born, we had taken paternity and maternity leaves. After they got over, my wife returned to work two weeks ago. I requested my employer if they can allow me to extend my stay at home for another 6 months to take care of our baby (without pay because my vacation time was used up when the baby was born) or if I need to resign (and go on H4). My company, very respectfully, agreed to keep me on and asked me to come back to work when I am ready. Meanwhile my H1B will continue. Is this O.K. or should I resign and go on H4. (I know I will not be able to come back on H1B and will forfeit my GC application too!) But for us our baby is a priority for the first year and will do whatever it takes to be with him. Please advise. Thanks a lot, Link to comment
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