COS H1 to H4 and H4 EAD

[Jenny3]

Hi,

Please answer my questions and help me..

Thanks in Advance
Situation: I am on H1B visa. This is my second term 3 years. Now, I'm on maternity leave from 6 months. Now, want to change my status to H4 and get EAD so that I can take break when ever I need. My questions are:

1. Is is mandatory to submit paystub for last 6 months? If yes, Do I need to submit any letter from employer saying I'm on unpaid maternity leave from 6 months?
2. Can I apply for H4 and EAD concurrently? If so, can someone post the sample letters for both?
3. Why is I 129 needed?
4. What all are the documents needed for the documentation?

Please Respond

Thanks,
Jenny

[shervin143]

1. Is is mandatory to submit paystub for last 6 months? If yes, Do I need to submit any letter from employer saying I'm on unpaid maternity leave from 6 months?
>>> Yes. To prove that you have maintained your H1B status, you need to provide your pay slips. Without that a COS from H1B to H4 is not possible. You will be considered to be out of status on H1B. You cannot take 6 months of unpaid leave for maternity. Maternity is only 4-6 week for normal delivery and 6-8 weeks for C-section. Anything after that needs a letter from your doctor to prove that you stayed out of work as per their advise.

2. Can I apply for H4 and EAD concurrently? If so, can someone post the sample letters for both?
>>> Yes. But a COS to H4 will be denied if you cannot prove that you maintained your H1B status.

3. Why is I 129 needed?
>>> What are you trying to ask? I-129 is the H1B petition.

4. What all are the documents needed for the documentation?
>>> Are you asking for H4 EAD? Check the below link.

https://www.immihelp.com/h4-ead-application-documents/

[Jenny3]

1. Is is mandatory to submit paystub for last 6 months? If yes, Do I need to submit any letter from employer saying I'm on unpaid maternity leave from 6 months?
>>> Yes. To prove that you have maintained your H1B status, you need to provide your pay slips. Without that a COS from H1B to H4 is not possible. You will be considered to be out of status on H1B. You cannot take 6 months of unpaid leave for maternity. Maternity is only 4-6 week for normal delivery and 6-8 weeks for C-section. Anything after that needs a letter from your doctor to prove that you stayed out of work as per their advise.

2. Can I apply for H4 and EAD concurrently? If so, can someone post the sample letters for both?
>>> Yes. But a COS to H4 will be denied if you cannot prove that you maintained your H1B status.

3. Why is I 129 needed?
>>> What are you trying to ask? I-129 is the H1B petition.

4. What all are the documents needed for the documentation?
>>> Are you asking for H4 EAD? Check the below link.
https://www.immihelp.com/h4-ead-application-documents/

Thank you Shervin for your reply.. One more quick question
If I apply for COS and got RFE. What happens if I don't answer?. Can I continue to be on H1 status?