Hi Admin,
I am currently on H1B and will go for maternity leave. I am planning to take maternity leave break for 6 months. Out of that 3 months will be in USA and 3 months will be in India. Do I need to change my status from H1-H4 before going on maternity leave? Can I change it back to H1 after 6 months? Will my previous petition will be valid if I am joining same employer?
What are my options here?
Thanks.
You can remain on H-1 while on maternity leave. I don’t know what state you belong to, but at least in CA you can make use of PFL to get paid partially while on maternity leave. You are also eligible for FMLA which gives you job protection.
You can travel to India, and then return to US to start working on H-1. Carry documentation about your approved maternity leave and a recent letter from employer confirming their intent to start your employment on your return to US.
Thanks Saurabh.
It popup another question in my mind. In case of a long break 1+ year, Can we follow below path.
COS from h1 to h4. Take a decent break and whenever need to join back again file COS from h4 to h1. Thanks.
Yes, that can be done.