Hello Sir,
Thanks for all your help and advises given earlier to me. They were really helpful. Below is my new situation.
I applied for H1B through employer A in 2013 which was approved but I entered US on H4 with my husband in Feb 2014. Then in October 2014 another employer B filed for a new cap exempt H1B and I started working. I never worked with employer A.
I am due in September and plan to go on maternity leave from September 1st. I am not sure when I would be joining back may be after 4-5 months. Below are my queries.
1. I will be going on maternity leave in September and not sure if i will join back in 3 months. In such scenario what is the best option for me ? Convert to H4 or remain on H1B and get the leave letter from the employer for the extended leave I am taking for example 5 months.
2. How many months of leave can be taken on H1B ? Can I avail more than 3 months maternity leave while on H1B ? Does it affect my status ?
3. I am a full time employee of a consultancy but its conditional, meaning If i do not work for the day or do not have a project in hand I do not get paid and will get 2 weeks leave after I complete 2000 hours. So If i go on maternity leave I will not be paid for that duration. If after coming back from leave, i wish to join some other employer and do H1B transfer,
i. Will I be able file H1b through new employer C or there would be problems? Am asking this coz my last 3 months Pay slip will show salary of $ 0,
ii. Also will I come under cap exempt or have to wait until april to apply for H1b ?
4. If I go on H4 now and take as much time as i need to recover. ON my return and plan to staty with my existing employer
i. Does my existing employer just needs to apply for COS and get me back on H1B from H4 if I find a project or he needs to file a new H1B for me ?
ii. What would be the cost of COS change. Will the cost of COS would be same as of filing new H1b ?
iii. If he need to apply for new H1b Will it be cap exempt H1B or in quota i.e. wait till april ?
5. How much time will H1B to H4 transfer will take ? If i decide to go on H4 today but my Project ends before H4 transfer is complete, will I be out of status for the timeframe between the end of project and my status changing to H4 ? How should I plan this in order to be in status ?
6. During my leave I will be going to India in December and since my H1B with employer B was never stamped What should I be doing
i. If I convert to h4 visa now, should I re-enter US on H4 and then apply for COS to H1B from existing employer and start working or should I enter on H1B ?
ii. If I convert to H4 and go for H1b stamping in India, the last paystubs that I would have will be of August, will that create problem in my H1B stamping ?
ii. If I remain on H1B, since I would be on leave my pay stubs would show $0, in this case if I go for H1B stamping, will it be rejected ? So to avoid rejection , should I re-enter on H4 visa and then apply for COS to H1B here in US ?
Appreciate all your help and time in advance.