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L1B to H1B

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  • L1B to H1B

    Hi
    I was on L1B visa and had applied for my H1B this year and got it approved. I could not join work on H1B after october since I was pregnant and delivered recently. So, I was continuing on L1B reporting to my L1B employer. Now, my L1B employer is asking me to apply for FMLA(Maternity leave). When I apply for this leave, I would be getting a portion of the salary for 3 months. I will be joining back work through H1B from March. So, till that time, if I apply for leave to L1B employer, is that ok? Will that create problems when I go for stamping for my H1B. Please suggest. It is really urgent.
    Thanks

  • #2
    If H1B was approved with COS (Extended I-94) then you are illegally working with L1 employer.

    Since you are no more employee of L1 employer from Oct 1st, you are not eligible to receive salary or any other benefits from L1 employer.

    You need to talk to an immigration attorney immediately.

    If your H1B was not COS then you are safe and you can go ahead with what you have mentioned in your post.
    I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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