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L2 to H1B COS - Maternity - Voluntary Leave of Absence

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  • L2 to H1B COS - Maternity - Voluntary Leave of Absence

    Hello,

    My wife is on L2 EAD today and her L2 to H1B COS is approved and she will be on H1B from tomorrow (10/01/2015). She is an employee of an consultancy, who looks for jobs for her. My wife will not able to work for another couple of months as we have a 3 months old baby who was delivered through C-section.

    When we contacted the immigration lawyer about the situation, the lawyer said that my wife can go on a Voluntary Leave of Absence until she gets back to work.

    I just wanted another opinion.

    1. Will being on LOA hurt in the future?
    2. I was also told that the employer can start running the payroll no later than 60 days. So, can my wife legally stay in US without getting a paycheck for first 59 days starting from 10/01/2015?

    Thanks

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