H4 Denied - Please Advice (Urgent)

[da123]

Hi,

I was working in US with a company on H1B visa. But I had to go on maternity leave for 3 months. After the leave duration, I thought that I cannot rejoin my work. So, 10 days after my leave period, I filed for H4 visa. Now my H4 Visa got denied as I could not provide pay stubs for last 3 months, i.e., leave period. I am afraid, what happens if

1)I cannot get a letter from the company stating that I was on maternity leave during those 3 months. Will those 3 months be unlawful ?

And

2)How to cover the 10 days gap, that is the mistake I did unknowingly (as I thought I have H1B visa till 2006 Dec).

I appreciate, if anybody can please advice me on this.

Thank You.

[veena_swsh]

Hi,
Was the H1B stamp cancelled? If your intention is not to work, then you can actually fly back on your H1B and then file for a change of status petition once in the US. When you go for your H4 stamping, the consular officer wants to see if the papers regarding your H1B is intact. It is not clear whether the Visa Officer wanted to see your pay-stubs or that of your husbands. As far as your questions go, if you have given up your job at the H1B sponsoring company, then you need to take atleast a relieving order which can include details of your pregnancy, etc.

[da123]

Thanks for your reply Veena.

I am actually in US right now. I was working on H1 and after my maternity leave period, I filed for H4. The immigration needs latest pay stubs i.e., pay stubs for 3 months when I was on maternity leave. But I was not paid during my leave and so I do not have pay stubs for that period. To reopen the case, I need to provide some evidence that my stay here was not unlawful during those 3 months.

I am not sure if I can get a medical certificate from the company. Incase, I cannot provide a medical certificate for that period, how else can I prove my stay during that period, Legal? If there is any other way, please let me know.

Thank You.