I was on h4 visa and applied for h1b this year. My application got selected in the lottery and petition got approved last week. I’m currently pregnant and due in December first week. My employer is asking me to apply for a leave of 12weeks post delivery by providing a signed letter to the HR and do nothing as of now. And a letter from my OB/GYN. My OB can provide an application for 6-8weeks maximum.
My questions are :-
How will my employer process my W2 for this year ?
If I provide them with a signed letter from my end requesting for leave , would it affect my h1b status,as I shall not be having pays lips for that period.
Also when I shall be going fir stamping in India what kind of questions can I expect ?
So you would be on payroll in Nov and then will be on pre***gnancy and child bonding leave for 12 weeks from Dec. That should be ok even from H-1 perspective as you have valid reasons.
Will your employer cover you under FMLA? What state are you in?
Appreciate your reply. My employer will not cover me in FMLA since I haven’t joined the company yet.They are asking me to apply for leave from now itself and join in February 2017. And also do I need to apply for my SSN now?
I have a feeling that employer is misusing the situation to their benefit. Anyways, if you are ok to be on leave from now, you can go on leave by doing the requested paperwork.
You can apply for SSN now, it shouldn’t matter. However, no W-2 will be issued for 2016 as you remained on leave.
Make sure your employer starts running the payroll from Feb. Keep all the paperwork related to your leave application so that you can submit it in case USCIS or consulate raises a question in future.
I am also worried about the same thing. I shall only be able to join only in February-March. What are the documents that I must ask them to provide so that if USCIS or the US consulate questions me later I have proper supporting documents. Thanks in advance