H1 to H4 COS, during un-paid LOA

[ankush2kn]

Hello all, I need your help!

 

I am currently on H1b, which is expiring in end of Jan 2014. My wife is on H1b as well, so I want to switch to H4 for a couple of months.

 

My GC perm is expected in early Feb, so I want to get a un-paid Leave of Absence from my employer so I don't loose benefits and can switch back to H1 after I have approved 140. My empoyer is willing.

 

My question is: can I do COS from H1b to H4 while on the un-paid leave of absence?

 

Thank you!

[jairichi]

Hello all, I need your help!

 

I am currently on H1b, which is expiring in end of Jan 2014. My wife is on H1b as well, so I want to switch to H4 for a couple of months.

 

My GC perm is expected in early Feb, so I want to get a un-paid Leave of Absence from my employer so I don't loose benefits and can switch back to H1 after I have approved 140. My empoyer is willing.

 

My question is: can I do COS from H1b to H4 while on the un-paid leave of absence?

 

Thank you!

There is no unpaid leave of absence on H1B. Either you get paid during vacation or apply for COS to H4. 

[pontevecchio]

You can apply for a COS to H4 and once the application is on file stop working. Presumably the employer will file a H1 petition when appropriate with PP and COS back from H4?

[ankush2kn]

There is no unpaid leave of absence on H1B. Either you get paid during vacation or apply for COS to H4. 

Alright, so you are misinformed. An example would be a pregnant lady who need to be on an unpaid LOA for taking care of her baby.

[ankush2kn]

You can apply for a COS to H4 and once the application is on file stop working. Presumably the employer will file a H1 petition when appropriate with PP and COS back from H4?

Thanks, I understand how to change status to H4. That was not my question though :-)

 

Looking for other folks who shifted from LOA to H4, because their H4 was expiring.

[jairichi]

Alright, so you are misinformed. An example would be a pregnant lady who need to be on an unpaid LOA for taking care of her baby.

That is called maternity leave. And, on H1B a maternity leave is maximum for 3 months with or without pay and not more than that unless certain situation arises. I know it does not apply to you.

And, in your case you apply for a COS to H4 and later an employer can apply for COS to H1B

[pontevecchio]

The answer may be inconvenient. That does not make it false. What will happen to you if you change status to H4?

[rahul412]

My question is: can I do COS from H1b to H4 while on the un-paid leave of absence?

If you are on H4, then you are on independent status which means you are no longer on H1. So no LOA for H4 status.

[ankush2kn]

.....What will happen to you if you change status to H4?

if I shift to H4, I will loose my company benefits such as RSR etc. Could probably continue health insurance under Cobra but premiums will be insane.

 

Here's what I did - I decided to go to my home country and capture some more time on the h1. Also, my company will put me on unpaid-LOA if i don't have 140+h1b extension by the time h1b expires. The lawyers did specify that I can't be in the US under the unpaid-LOA.

[JoeF]

The lawyers did specify that I can't be in the US under the unpaid-LOA.

Which is what everybody here said, and which you called "uninformed"...

Good to know that you are now admitting that you were uninformed, and we were right...