What will happen if I’m on an H1B visa and also currently on maternity leave but my spouse needs to change to an H4 and he plans to go to India to get the stamping?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What will happen if I’m on an H1B visa and also currently on maternity leave but my spouse needs to change to an H4 and he plans to go to India to get the stamping?
Since I am not paid by my employer but by the state currently and this pay won’t be reflected on my payslips until I return to work from maternity leave, will there be any risks with my spouse’s H4 stamping?
Asked on November 9, 2016 under Immigration Law, California
Answers:
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, it should not because it can be explained by showing that you are still in valid H-1B status and intend to return to your position and your employer is aware of your condition and intent. You can have the spouse carry a letter from the employer confirming your employment situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.