H1B visa status

Bradley

New Member
My husband and I both hold H1B visas, sponsored by the company we work for, which are valid through November 2006. I am 7 months pregnant with our first child and I am planning on giving up work and staying home after the birth in May.
I realise that this will invalidate my H1B visa - what do I need to do to be able to stay in the country? My husbands visa will be unchanged.
 
My husband and I both hold H1B visas, sponsored by the company we work for, which are valid through November 2006.

I am 7 months pregnant with our first child and I am planning on giving up work and staying home after the birth in May.
I realize that this will invalidate my H1B visa - what do I need to do to be able to stay in the country?
---- You will not invalidate H1 status, you will be talking Maternity leave and under FMLA you are eligible for that, if one is sick, takes maternity leave you don’t violate your H1 status. If the employee and employer relationship exists no problem for your H1 status. H1 holder is eligible to receive all the benefits as US citizen in regard to maternity leave ,your baby will also be covered by insurance company automatically for 30 days after that your employer need to update the insurance company and you can also get short term disability from your insurance company for 6 weeks when you are on maternity leave, check with insurance company you can join after the leave and can work on H1. If you don’t want to work after 3-4 months you can also change to H4 if you wish.

My husbands visa will be unchanged
 
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If I decide not to return to work after my maternity leave and apply for an H4 visa at that point, will I be allowed to stay in the country while my new visa application is processed?
 
If I decide not to return to work after my maternity leave and apply for an H4 visa at that point, will I be allowed to stay in the country while my new visa application is processed?

---- If you change from H1 to H4 you need to file change of status with form I-539, you are allowed to stay in US once change of status is filed. It will be approved till your spouse H1 validity. If you go out of USA while change of status is pending then COS will be abandoned and you will need H4 visa stamp from consulate based on your spouse H1 to enter US ( if you are from India,remember many consulates in India are creating problems for H4 visa stamp these days) better wait for COS to be approved in US if you want to go on H4. if later you need to go on H4 to H1 again you need to file COS in US and you can work once COS to H1 gets approved
 
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