Hi,
Greetings!

I have a query regarding the Change of Status of my H1B to H4.
Please go through the detailed information of my status.

I initially came to US in Jun 2006. I transferred my H1 to a new emplyer in March 2008. And I was in payroll for 2 months and was out of project.
Went to India in April 2008, got married and came back to the US at the end of July 2008. But till then I was out of project. As I am pregnant now, and the job market is too dull I would like to change my H1 status to H4.

My queries are:
1. I only have paystubs with my current employer for 2 months in 2008 and 1 month in 2009. (February 2009). Do I need to wait to get some more paystubs before applying for COS?
2. How many months of leave can I get for meternity in the state Atlanta?
3. Can I change back the status to H1B, in future? If so, does it come under the CAP 60000?
4. Do I need to have all the paystubs (how many minimum) for the whole period to change back my status?

Please suggest me the better option to approach.

I am very grateful for your kind help.

Thanks in advance.

No reason to wait for the COS, if the company has benched you during this time, they may have some liability, but you should change from H-1B to H-4 if you are not working as an H-1B as you are using up your 6 year eligibility.

If you decide to go back to H-1B, you will not be under a new cap, as you have already been counted (although you are using up your time, as noted above).

There is not a minimum number of paystubs for a COS application, the USCIS officer needs to determine you are in status, and part of that status is being paid as an H-1B. Please research the issue of "benching" employer initiated leave of absence.

I cannot answer your question about Georgia maternity laws. Look for a Georgia labor & employment lawyer.

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