[gopalmani]

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.

[DCcityboy]

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.

Find an experienced immigration attorney, AILA? If this was helpful, rate this answer! Good luck.