Preagnancy and h1b

[Priya24]

Hello Thx1b,

I have been reading this forum since long time and i find your answers very appropriate and accurate and to the point. Great job you are helping so many people.

I have one question. I am on H1 and iam working as contractor for desi company and my client is state government. I am working for government project. currently i am in 7 th month and i hope to continue till the end until my delivery because of current situation of economy. I am planning to ask for leave for 6 weeks max or atleast for 4 weeks after my delivery. But since i am not a full time employee and i am a contractor i am not sure if they will approve it or they will lay me off. If they want to lay me off then before that i want to change to h4 so that i dont become out of status. but my husbands h1 is in process of extension. we applied for extension just few days back. so can i transfer to h4 using cos while his application is pending? and my visa (first 3 years) is getting expired on sept 2009. if i find a project after sept 2009 after my visa expires then can i transfer back to h1 using remaining 3 years? Sorry for the long post and please as usual give your expert suggestion. it will be very helpful

Thanks,
Priya

[txh1b]

It is clear in the FAQs that if you did not completely use the 6 years, the remainder period can be used without being subject to cap again.

If you are applying for a COS to H4, do it before you take LOA as you will have pay stubs etc. The drawback for doing so would be the last action rule.

If you still have the project and want to work after the baby is born, you will run into the risk of the H4 COS getting approved which would mean you have to stop working. If it happens so, you have to either travel and return on H1 to begin work or apply for another COS to H1b, wait for that to get approved and begin work.

The H4 COS should have been applied along with H1b extension to keep the packet together. Now, include the receipt for H1b extension with your COS request and be ready to provide the approval in case of an RFE.

[Priya24]

Thank you for quick reply.

I understand that i am not subject to cap since i have 3 more years left but my concern was since visa gets expired in sept and if i find project after sept then can i apply for cos from h4 to h1 and no need of stamping unless i leave the country and try to reenter just wanted to clarify that what i am thinking is correct.

Is LOA means "Leave of Absence"? and what is last action rule? I tried to search but i didnt find any result.

Thanks,
Priya

[txh1b]

You would need a visa to enter US and work on H1b. If the current petition expired and you want to get back on H1b, it would not be an amendment to COS as the petition is not valid. It has to be a complete H1 filing (which includes COS) that is not subject to cap.

Last action rule in simple terms dictates that the last action on an immigrant's status is the one that overules any/all previously held status. It could be by means of travel or USCIS service status approvals.

[Priya24]

Thank you