Maternity Leave on H1 - Didnt start working yet

Y

yenkamma

New Member
Hi,

I applied for H4 to H1 in general quota in May 2006. I finally got it approved today. But now I am unable to start the job as I am 8 months pregnant. I am planning to take maternity leave right away for 5 months without starting the job and my employer is ok with me to start job after 5 months. Is this ok to go on maternity leave on H1 without even starting the job. Or should I file for a change of status to H4 and refile H1 change of status when I am ready to work again (in this case will I be counted in the H1 cap as I didnt start work even though I had H1 approval)

Attorneys/experts, please advise.

Thanks.
 
z
yenkamma said:
Hi,

I applied for H4 to H1 in general quota in May 2006. I finally got it approved today. But now I am unable to start the job as I am 8 months pregnant. I am planning to take maternity leave right away for 5 months without starting the job and my employer is ok with me to start job after 5 months.

Get a written OK from your sponser that your job will be available even after 6 months.Is this ok to go on maternity leave on H1 without even starting the job. Or should I file for a change of status to H4 and refile H1 change of status when I am ready to work again (in this case will I be counted in the H1 cap YES as I didnt start work even though I had H1 approval)

Attorneys/experts, please advise.

Thanks.
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