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COS H1 to H4 and H4 EAD

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  • COS H1 to H4 and H4 EAD

    Hi,

    Please answer my questions and help me..

    Thanks in Advance
    Situation: I am on H1B visa. This is my second term 3 years. Now, I'm on maternity leave from 6 months. Now, want to change my status to H4 and get EAD so that I can take break when ever I need. My questions are:

    1. Is is mandatory to submit paystub for last 6 months? If yes, Do I need to submit any letter from employer saying I'm on unpaid maternity leave from 6 months?
    2. Can I apply for H4 and EAD concurrently? If so, can someone post the sample letters for both?
    3. Why is I 129 needed?
    4. What all are the documents needed for the documentation?

    Please Respond

    Thanks,
    Jenny

  • #2
    1. Is is mandatory to submit paystub for last 6 months? If yes, Do I need to submit any letter from employer saying I'm on unpaid maternity leave from 6 months?
    >>> Yes. To prove that you have maintained your H1B status, you need to provide your pay slips. Without that a COS from H1B to H4 is not possible. You will be considered to be out of status on H1B. You cannot take 6 months of unpaid leave for maternity. Maternity is only 4-6 week for normal delivery and 6-8 weeks for C-section. Anything after that needs a letter from your doctor to prove that you stayed out of work as per their advise.

    2. Can I apply for H4 and EAD concurrently? If so, can someone post the sample letters for both?
    >>> Yes. But a COS to H4 will be denied if you cannot prove that you maintained your H1B status.

    3. Why is I 129 needed?
    >>> What are you trying to ask? I-129 is the H1B petition.

    4. What all are the documents needed for the documentation?
    >>> Are you asking for H4 EAD? Check the below link.
    https://www.immihelp.com/h4-ead-application-documents/
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by shervin143 View Post
      1. Is is mandatory to submit paystub for last 6 months? If yes, Do I need to submit any letter from employer saying I'm on unpaid maternity leave from 6 months?
      >>> Yes. To prove that you have maintained your H1B status, you need to provide your pay slips. Without that a COS from H1B to H4 is not possible. You will be considered to be out of status on H1B. You cannot take 6 months of unpaid leave for maternity. Maternity is only 4-6 week for normal delivery and 6-8 weeks for C-section. Anything after that needs a letter from your doctor to prove that you stayed out of work as per their advise.

      2. Can I apply for H4 and EAD concurrently? If so, can someone post the sample letters for both?
      >>> Yes. But a COS to H4 will be denied if you cannot prove that you maintained your H1B status.

      3. Why is I 129 needed?
      >>> What are you trying to ask? I-129 is the H1B petition.

      4. What all are the documents needed for the documentation?
      >>> Are you asking for H4 EAD? Check the below link.
      https://www.immihelp.com/h4-ead-application-documents/
      Thank you Shervin for your reply.. One more quick question
      If I apply for COS and got RFE. What happens if I don't answer?. Can I continue to be on H1 status?

      Comment

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