H4-H1B Change of Status on Maternity Leave.

nandinisaiom

New Member
Hi,

I am currently on H1B visa with a desi consulting firm ‘A’, working on E-V-C model with a retail client in IL. I am expecting a baby and the expected due date is: Nov 28th 2013. I will be going on Maternity leave (FMLA) for 3 months from Dec 1st 2013 to Feb 28th 2014. After the Maternity Leave, I am planning to visit India for 2 months with the new born baby from March 1st 2014 till April 30th 2014. While in India, I will be going for H4 visa stamping based on my husband H1B visa and will enter USA on H4 visa as it is going to be difficult for H1B visa stamping with a desi consulting firm. As I will be Cap-exempt, I will have my Employer apply for COS (Change of Status) from H4-H1 immediately when I am back in USA.

My questions:
1.Can the H4-H1 COS be filed immediately once I am in USA or will there be going to be any wait time (as 2-3 months) before the H4-H1 COS can be filed as USCIS might think that I am defeating the purpose of H4 visa and misusing the H4 visa just to enter USA and filing for H4-H1B COS rather than going for H1 visa stamping in India. If USCIS thinks like that, they may approve my H4-H1 COS as Consular Processing (without an I-94) in which case I need to go out of the country and get my H1 visa stamped. Could you help clarify if there need to be any wait time before the H4-H1B COS can be filed.

2. After I am back from India, I am planning to file H4-H1B COS with a new employer ‘B’ rather than my current employer ‘A’. In this scenario, do I need to submit my Pay stubs that I have before by maternity leave from old Employer ‘A’ while applying for H4- H1B COS with new Employer 'B'?

Thanks for reading my long post! Any help in this regard will be greatly appreciated!

Thanks,
Nandini
 
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