Is my wife in valid H1B status during the maternity leave period?

[manbeing]

My wife is in maternity leave, and since her company was downsized, the HR department informed her that they will terminate her employment right after she is out of maternity leave.
My question is according to USCIS regulations, if her employer doesn't provide continuing employment at the conclusion of the leave of absence, is her H1B status still valid during the maternity leave period?

[100mya]

I answered a similar question few days back!!!!

Again this is just my opinion please contact an immigration lawyer or your company HR.

If the company is terminating her employment then you have change her status to H4 or whatever applicable dependent status. Then again when she is ready to work again and her previous H1 is still valid then she can do a transfer from H4 to H1 to any company. Ofcourse in this case there are 2 status changes but no other go if the company is terminating her employment

Another choice is request for FMLA provided the company is willing to do it. But based on your post looks like the company is trying to downsize but that will save you the number of status changes that you will go through.

Good luck and let me know if I am wrong in anyway or you get a different option so that I can keep myself updated :)

[100mya]

You can discard my answer I didnt read your question properly


I answered a similar question few days back!!!!




Again this is just my opinion please contact an immigration lawyer or your company HR.

If the company is terminating her employment then you have change her status to H4 or whatever applicable dependent status. Then again when she is ready to work again and her previous H1 is still valid then she can do a transfer from H4 to H1 to any company. Ofcourse in this case there are 2 status changes but no other go if the company is terminating her employment

Another choice is request for FMLA provided the company is willing to do it. But based on your post looks like the company is trying to downsize but that will save you the number of status changes that you will go through.

Good luck and let me know if I am wrong in anyway or you get a different option so that I can keep myself updated :)

[manbeing]

Thank you anyway.

You can discard my answer I didnt read your question properly

[100mya]

Her H1 status is still valid at the end of pregnancy till the company decides to terminate the employment. She has 2 options either do a H4 transfer (if you hold a h1) or find a new company and get a sponsorship and apply for H1 transfer before the company terminates her employment.