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?

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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 4 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.


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