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H1B during pregnancy

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  • H1B during pregnancy

    Hi, my wife who’s under H1b right now (her 1st year term) is on her 4th month of pregnancy.
    Down the road, she has to stop working, as we will move to different state where her families are staying.

    I will soon have my H1b (right now I am on H4) approximately Oct. 2015, does she applying for H4 a viable option to halt temporarily her H1b status?

    Will there be an issue if H1b holder stays inside the US but is not actively working, say for a period of 6 months to 1 year? (Like if in case on the last term she renews her H1, problems to foresee?)

    Is there a period for how long you can be inactive and needs to start working again?

    Thank you in adv,
    Last edited by Savannah01; 05-19-2015, 05:05 PM.

  • #2
    Hi, anyone who have been in the same situation before?

    Thank you,


    • #3
      Originally posted by Savannah01 View Post
      Hi, anyone who have been in the same situation before?

      Thank you,
      She should typically be eligible for FMLA to be on leave during pregnancy but if the duration is too small for her to get back to work then it is advisable that she files a H1 to H4 COS. If she does not apply a H1 to H4 COS and at the same time does not work and does not get paid she risks going out of status. She can always move back to H1 when her employer files a H4 to H1 COS in the future,

      This is my opinion not legal advice.