COS from H1 to H4 after maternity leave


I am on H1 with X company and my wife is on H1 with Y company[MNC]. My wife had taken extended maternity leave for period 6months as per company policy which was an unpaid leave and HR approved for that same along with normal 3 months maternity leave[Paid leave] . Now i am thinking to convert my wife’s status from H1 to H4 by applying COS through my company. The question is will USCIS accepts the pay stubs,I797 that she got before her extended maternity leave[I think this is called her Longterm disability] ? Does she have to take any additional documents from her company[MNC]. She has valid I797. Please suggest me if we will face any issues before approving COS.


She can apply for COS and submit documentation showing that she was on maternity leave. She needs to submit payslips from the period before maternity leave started.

Thanks Saurabh for the reply.

I would like to give some more details to the above question and please clarify me on the same. My wife’s maternity leave was over by July 4th 2013 and she is on bench. Her company is trying to find her a project and also same time we are looking for the options of H1-B transfer as well outside. Its almost 1 month now and nothing has worked till now. So will there be any issue/query for this 1 month period from USCIS regarding paystubs for COS.Please kindly give your valuable suggestions.

Yes, payslips will be asked for to show that she is in valid status. If payslips are not submitted, then also H-1 transfer may get approved but it will come w/ no I-94 attached. This means, she will have to travel out of US, and return on that new petition and visa stamp (she can use old visa stamp if that has not expired).