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COS durin maternity leave

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  • COS durin maternity leave

    I am currently on H1 visa working for employer A. I am going on maternity leave from 1st March and my employer provides me 8 weeks of paid maternity leave. It also allows me to take 6 months of extended maternity leave which is unpaid. The policy states that if employee resigns during the maternity leave the termination date will be the later of (i) the last day worked, (ii) the last day for which you were paid salary or (ii) the last day for which payment was based upon under a disability plan or policy maintained
    by the Company which would be the end of 8 weeks of paid leave.

    Now, my queries are:
    1. If I go ahead and take the extended leave and resign & join another employer, does this mean I would be out of status for the period for which I was on this unpaid leave?

    2. If yes to point 1, I want to go ahead and apply for a COS to H4 (my husband has a valid H1). When should I submit this application - now / end of my paid maternity leave? Basically from when is the new status effective - from date of receipt / date of approval of COS?

    Please help me with these queries.

    Thanks in advance.

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