L2 to H1B - Maternity - Voluntary Leave of Abscence

[gop123]

Hello,

 

My wife is on L2 EAD today and her L2 to H1B COS is approved and she will be on H1B from tomorrow (10/01/2015). She is an employee of an consultancy, who looks for jobs for her. My wife will not able to work for another couple of months as we have a 3 months old baby who was delivered through C-section.

 

When we contacted the immigration lawyer about the situation, the lawyer said that my wife can go on a Voluntary Leave of Absence until she gets back to work. 

 

I just wanted another opinion.

 

1. Will being on LOA hurt in the future?  

2. I was also told that the employer can start running the payroll no later than 60 days. So, can my wife legally stay in US without getting a paycheck for first 59 days starting from 10/01/2015

 

Thanks,

gop123

[jairichi]

1.  Yes, but she needs to be paid. Otherwise she will be considered as out of status. If she will be unpaid she has to apply for COS to L2.

2. Yes, only if she has not reported to employer.

[pontevecchio]

She is entitled to 60 days to report. Instead of lawyer hopping maybe consult the firm of Murthy if you are sure the consultancy is on the level?