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-   -   H4 to H-1B (While spose on Loss of Pay) (https://www.askmehelpdesk.com/showthread.php?t=313794)

  • Feb 6, 2009, 04:43 AM
    tallapa
    H4 to H-1B (While spose on Loss of Pay)
    Hi - I am on H4 status currently (had a H-1B previously)
    My wife is on H-1B (works for IBM) and she plans to take 6-month maternity leave with "Loss of Pay".
    If I plan to change status from H4 to H-1B again (while my wife is on "loss of pay" but still employed) -

    Ques 1 -> Will USCIS ask for proof that my wife is still actively employed?

    Ques 2 -> Will I be required to show her paystubs which will obviously show zero earnings for the period of leave?

    Ques 3 -> What other proof is acceptable for USCIS?


    Thanks for advice.

    RK
  • Feb 6, 2009, 11:01 AM
    lawanwadee

    What's the question?
  • Feb 7, 2009, 09:58 PM
    tallapa
    Thought my questions were clearly marked. Guess I was not clear... I'll try to rephrase

    Ques 1 -> If I change my current status from H4 to H-1B, am I supposed to submit the proof that my spouse is actively employed currently?

    Ques 2 -> If my spouse is on "Loss of Pay" with her pay slips showing zero earnings for that period, what other proof is accepted by USCIS in determining my wife's active employment.

    Ques 3-> How is an employment with "loss of pay" perceived by USCIS? - esp bcoz its maternity leave.

    Thank you.

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