QUESTION
Will I lose my H1 status if I don't work on it for few months ?
Asked on Jan 12th, 2014 on Immigration - Ohio
More details to this question:
Hello, I recently got my H1 petition approved for work permit (I-129). At present I am here on valid H4 visa. But I've conceived and due in July. 1. I wanted to confirm if I can continue on H4 till Sep - Oct 2014, and then start working on H1. If yes, what is the process, because I have heard that my residential status in US will implicitly change from H4 to H1, and if I don't work on H1 for a few months, my H1 will be cancelled. Could you please advice or suggest the best possible solution ? Thanks.
1 ANSWER
Immigration matters for employers, executives and professionals Attorney serving Beachwood, OH
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If you are in the U.S. and your employer filed an H-1B petition that includes a request for a change of status, then on the start date of the H-1B petition, your status will automatically change from H-4 to H-1B. Typically, H-1B workers who are on medical leave (including maternity leave) do not fall out of status, as long as they do not sever their employment from the H-1B employer. This depends on the applicability of the FMLA in your specific situation, and also possibly the companion law of the state in which you reside.
The questions you are asking should be directed to your employer's immigration lawyer, and your employer's HR, as they are familiar with your case and with the employer's policies on leave.
Answered on Feb 07th, 2014 at 1:30 PM