FMLA & H1B Transfer


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I have a question about changing jobs during FMLA. 


Currently, I am on FMLA from my current employer and I am in India. During this time, I have accepted a job offer from another company. 

Can the lawyer initiate the H1-B transfer while I am on FMLA or  I have to return to the US, resume my job at my current employer and then H1B transfer will be initiated?



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  • 2 months later...

t75 - Thanks for your reply. I guess its more of which side of the coin we are looking at. The employer is not tied by law to reinstate their employee after their return from FMLA. My fears came true; after my return my employer did not reinstated me for 10days. They couldn't decide where they can place me and they did not wanted to take a hit on their practice's finances to keep me on bench. After multiple follow ups and calls from my side and playing a game of hide and seek; I resigned and my director and HR replied within an hour :). Please note that my employer is one of the biggest companies in the US. 


I am thankful to them that they helped me but as an ex-employee, I think I did my share of saving their finances for 3+ months (FMLA and resigning) :D.


Hope this helps and answers your question.

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