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h1 to h4 - status change clarification


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Posted

Hello everyone,

My spouse's h1 got picked & approved this Oct last week , however she cannot work as she's pregnant now. Her employer asked to apply for change of status so he can withdraw h1 & later whenever she's ready , h1 can be applied again. In this regard , to apply for COS to h4 is it OK if we do not provide paystubs as there's a valid reason for her inability to work . Also in the form I-539 , how do we answer for the 19th questions in part 4 . Please suggest if anyone had this kind of situation before

Posted
3 minutes ago, newwlife said:

Hello everyone,

My spouse's h1 got picked & approved this Oct last week , however she cannot work as she's pregnant now. Her employer asked to apply for change of status so he can withdraw h1 & later whenever she's ready , h1 can be applied again. In this regard , to apply for COS to h4 is it OK if we do not provide paystubs as there's a valid reason for her inability to work . Also in the form I-539 , how do we answer for the 19th questions in part 4 . Please suggest if anyone had this kind of situation before

pregnant ithe she can be on maternity leave no for upto 1year ...?

Posted
Just now, BommaliNinnodhala said:

pregnant ithe she can be on maternity leave no for upto 1year ...?

I'm not sure if the leave can be for such a long duration.......

Posted
Just now, newwlife said:

I'm not sure if the leave can be for such a long duration.......

yes consult immigration attorney, why to waste h1..don't compare it with h4ead...

Posted

If she applies for maternity leave then employer should pay her some % of her income employer is trying to avoid this and may be forcing to apply for COS.

Posted
13 minutes ago, newwlife said:

Hello everyone,

My spouse's h1 got picked & approved this Oct last week , however she cannot work as she's pregnant now. Her employer asked to apply for change of status so he can withdraw h1 & later whenever she's ready , h1 can be applied again. In this regard , to apply for COS to h4 is it OK if we do not provide paystubs as there's a valid reason for her inability to work . Also in the form I-539 , how do we answer for the 19th questions in part 4 . Please suggest if anyone had this kind of situation before

H1 october lo start ayyindi kaani , job eppudu cheyyaleda ? payroll run avuthunda ippudu ? H4 ki COS pettinappudu paystubs adige chance vundi.

Posted
Just now, TampaChinnodu said:

H1 october lo start ayyindi kaani , job eppudu cheyyaleda ? payroll run avuthunda ippudu ? COS pettinappudu paystubs adige chance vundi.

no...cheyaledu ikkada....h1 start date approve ayina date nundi untadi kada.....so approve ayi 2 months avtundi....no payroll now...

Posted
2 minutes ago, newwlife said:

no...cheyaledu ikkada....h1 start date approve ayina date nundi untadi kada.....so approve ayi 2 months avtundi....no payroll now...

you can take a chance paystubs lekunda . But vallu adagochu , adagaka povachu paystubs. seen both the cases.

possible ite mesthri gaadini payroll run cheyyamanu safe side ki.

Posted
3 minutes ago, newwlife said:

no...cheyaledu ikkada....h1 start date approve ayina date nundi untadi kada.....so approve ayi 2 months avtundi....no payroll now...

 

If possible payroll run chesi .. appudu apply cheyyi .. H4 ki ... just to be on safe side. 

Posted
Just now, TampaChinnodu said:

you can take a chance paystubs lekunda . But vallu adagochu , adagaka povachu paystubs. seen both the cases.

possible ite mesthri gaadini payroll run cheyyamanu safe side ki.

in case adigite , can we answer that she's pregnant so never started to work after the approval so no paystubs .....

Posted
1 minute ago, budamkayabalraj said:

 

If possible payroll run chesi .. appudu apply cheyyi .. H4 ki ... just to be on safe side. 

+1 , h1 to h4 aithe ficha lite  but other way aithe paystubs adige chances yekuva

Posted
18 minutes ago, BommaliNinnodhala said:

pregnant ithe she can be on maternity leave no for upto 1year ...?

max 3 weeks  fte aithe , kolie aithe doc cert unte upto 3 months ani pedhalu cheparu

Posted
3 minutes ago, newwlife said:

in case adigite , can we answer that she's pregnant so never started to work after the approval so no paystubs .....

You will need a strong documentation to support unpaid leave. Like doctor note etc. It might get complicated, So payroll run cheyyatam better option since 2-3 months ee kabatti.

Posted
Just now, TampaChinnodu said:

You will need a strong documentation to support unpaid leave. Like doctor note etc. It might get complicated, So payroll run cheyyatam better option since 2-3 months ee kabatti.

Ok..

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