H4 - H1B


pavan211087

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Hi,

 

I applied for H4 to H1 conversion in Mar 2013 and it got approved in Oct 2013. Now I am pregnant, so I am not energetic enough to go for a job now. So I discussed the same with my employer and he said that he will generate pay roll for 3 months and then after he told that he will make me be on leave for 6 months and then he told after six months I can start working.....

Can anyone please clarify me whether are there any legal issues/immigration problem for my stay in US in the above process  

 

Thanks!!!!

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Hi,

 

I applied for H4 to H1 conversion in Mar 2013 and it got approved in Oct 2013. Now I am pregnant, so I am not energetic enough to go for a job now. So I discussed the same with my employer and he said that he will generate pay roll for 3 months and then after he told that he will make me be on leave for 6 months and then he told after six months I can start working.....

Can anyone please clarify me whether are there any legal issues/immigration problem for my stay in US in the above process  

 

Thanks!!!!

As long as employer pays you are in H1B status. You could get 6 to12 weeks of maternity leave (FMLA) with or with out pay.

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Hi Jairichi/pontevecchio/Rahul412,

 

Thanks for your reply .... there are few more doubts for me

 

1. If I want to change my status to H4 from H1b, will I get H4 approved as I haven't done job since I am on H1B (I mean for the past 2.5 months)

 

2. Is Generating pay-roll not the same as paying me ?? because he is asking us to pay taxes??

 

3. I even heard from my husband's employer that there can be 12 weeks (+ 4 more weeks extended) of unpaid leave for maternity... is it correct??

 

Can you please let me know whether I can stay if the above process is correct because I have a job in India and I wanted to resign it if I could stay like how I mentioned above because I am not sure whether if I apply for H4 it will be approved or not as I havent worked on H1B....

 

Please help mee

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Hi Jairichi/pontevecchio/Rahul412,

 

Thanks for your reply .... there are few more doubts for me

 

1. If I want to change my status to H4 from H1b, will I get H4 approved as I haven't done job since I am on H1B (I mean for the past 2.5 months)

 

2. Is Generating pay-roll not the same as paying me ?? because he is asking us to pay taxes??

 

3. I even heard from my husband's employer that there can be 12 weeks (+ 4 more weeks extended) of unpaid leave for maternity... is it correct??

 

Can you please let me know whether I can stay if the above process is correct because I have a job in India and I wanted to resign it if I could stay like how I mentioned above because I am not sure whether if I apply for H4 it will be approved or not as I havent worked on H1B....

 

Please help mee

1. Might get approved with consular processing.

2. Employer should actually pay your salary and not you paying employer to get it as salary as a cover up.

3. Yes, you get 6 to 12 weeks maternity leave based on FMLA. Ask your employer or employer's attorney. 4 more weeks, I doubt that as it needs specific requirements.

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1. If I want to change my status to H4 from H1b, will I get H4 approved as I haven't done job since I am on H1B (I mean for the past 2.5 months)

 

2. Is Generating pay-roll not the same as paying me ?? because he is asking us to pay taxes??

 

3. I even heard from my husband's employer that there can be 12 weeks (+ 4 more weeks extended) of unpaid leave for maternity... is it correct??

1. If you are on H1 then you need pay stubs for your COS to H4.

2. Employer cannot ask you to pay the taxes. He is supposed to pay you when you are on H1, if not file a complaint against that employer

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Hi Jairichi/Rahul412,

 

Thanks for providing the clarification!!!!

1) If H4 gets approved with consular processing means.. I have to go for stamping immediately once the decision is taken???? And how much time it takes for H4 processing decision to be known??? And Rahul told that Pay Stubs are needed for that which I don't have??? And how likely H4 will be approved??

 

And if I have to leave the country for stamping when the decision is taken (which may take approxmately 45 days which will be March from now as per my knowledge) .... I will not be in a position to travel at that time as I will be nearing my delivery date....

 

So please suggest what should I do now??? Thanks a lot for all your help...

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Hi Jairichi/Rahul412,

 

Thanks for providing the clarification!!!!

1) If H4 gets approved with consular processing means.. I have to go for stamping immediately once the decision is taken???? And how much time it takes for H4 processing decision to be known??? And Rahul told that Pay Stubs are needed for that which I don't have??? And how likely H4 will be approved??

 

And if I have to leave the country for stamping when the decision is taken (which may take approxmately 45 days which will be March from now as per my knowledge) .... I will not be in a position to travel at that time as I will be nearing my delivery date....

 

So please suggest what should I do now??? Thanks a lot for all your help...

As per rahul412 if you apply for COS from H1B to H4 you need to enclose your recent pay stubs to show that you were on H1B status and not out of status in US when the application is made. If COS is denied (as you do not have pay stubs) you would need to exit US immediately and enter with a H4 visa.

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