Hi Fellows,
I need information and guidance on quite a unique case i landed into due to my lack of knowledge in immigration regulations.
My first 3-year H1-B term is expiring this end of August.
I am visiting my home on FMLA (federal Medical Leave of Absence provision) since july 4, 2006. this leave allows me to stay in my job for 3 months due to a medical emergency in my family (blood relatives) that i have to take care for. (this is my understanding that we, the poor h1-B workers are also allowed to apply for this FMLA leave).
currently, i am waiting for the approval of H1-B extension petition before i apply for H1-visa.
My H1-B classification is not stamped on my passport as i had been in US for the last more than 7 years.
I had never been benched before nor had been out of status in my job.
there are two more things to complicate the case.
1. my extension had been applied in may (May 9, 2006 with a processing date of may 19, 2006) in the calif serv ctr.
i have not yet received the extension approval. and i am visiting back home on FMLA here.
2. here, i got married too. and so now my status has changed, and i have to apply visa for my spouse too.
now, i need help in the following:
a. which documents are needed to apply for spouse visa?
b. should we apply for visa together or separately? which one is more probable to produce a favorable result?
c. do i have to file a separate petition for spouse - like my h1-b petition - to apply for her visa?
d. does anyone before used this FMLA leave while being on H1?
e. i have all the paystubs of my job right from the beginning of my job till the end of june 2006. after that, being on FMLA, i am not being paid as i am out of USA. will it cause any problem?
please let me know if any of you had a similar/ parallel situation completely/ or partly.
thank you.
with kind regards,
naqvi
I need information and guidance on quite a unique case i landed into due to my lack of knowledge in immigration regulations.
My first 3-year H1-B term is expiring this end of August.
I am visiting my home on FMLA (federal Medical Leave of Absence provision) since july 4, 2006. this leave allows me to stay in my job for 3 months due to a medical emergency in my family (blood relatives) that i have to take care for. (this is my understanding that we, the poor h1-B workers are also allowed to apply for this FMLA leave).
currently, i am waiting for the approval of H1-B extension petition before i apply for H1-visa.
My H1-B classification is not stamped on my passport as i had been in US for the last more than 7 years.
I had never been benched before nor had been out of status in my job.
there are two more things to complicate the case.
1. my extension had been applied in may (May 9, 2006 with a processing date of may 19, 2006) in the calif serv ctr.
i have not yet received the extension approval. and i am visiting back home on FMLA here.
2. here, i got married too. and so now my status has changed, and i have to apply visa for my spouse too.
now, i need help in the following:
a. which documents are needed to apply for spouse visa?
b. should we apply for visa together or separately? which one is more probable to produce a favorable result?
c. do i have to file a separate petition for spouse - like my h1-b petition - to apply for her visa?
d. does anyone before used this FMLA leave while being on H1?
e. i have all the paystubs of my job right from the beginning of my job till the end of june 2006. after that, being on FMLA, i am not being paid as i am out of USA. will it cause any problem?
please let me know if any of you had a similar/ parallel situation completely/ or partly.
thank you.
with kind regards,
naqvi