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  • H1B pregnant applicant query

    my wife's employer filed for her H1 on may 24th. Still its in initial review status.
    now she is pregnant and carrying 31st week.
    Suppose now say Oct or Nov, lets assume that she gets decision from USCIS. If she goes for Interview by her 34 to 38 week. What is the possibility of getting the visa?
    Can we change the effective work start date by april'13 using DS160?
    Please advice.

  • #2
    Originally posted by meeunda View Post
    my wife's employer filed for her H1 on may 24th. Still its in initial review status.
    now she is pregnant and carrying 31st week.
    Suppose now say Oct or Nov, lets assume that she gets decision from USCIS. If she goes for Interview by her 34 to 38 week. What is the possibility of getting the visa?
    Can we change the effective work start date by april'13 using DS160?
    Please advice.
    You request employer to change the start date, and employer provides a new offer letter. Do not chnage anything on DS-160 without notifying employer!

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    • #3
      Is she outside the US now? Her pregnancy will have no implications on the Visa interview. Her H1 status starts on the day she is present in the US. The start date on the petition does not matter.
      If she is in the US in another status, H1 change of status will be effective on Oct 1 or date of approval. There is no way to change that. She will have to begin working for from that day. Unpaid leave for genuine reason such as pregnancy is allowed but proper documentation must be maintained.
      This is my opinion and not legal advice.

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      • #4
        thanks to hireitpeople and kabkaba for your guidance.
        We are in india and it is fresh H1 applicant.
        I got relief from my worries now.
        So now it looks like she can get visa and no matter of what starting date it is but she can travel by april 2013 though she got approval start date before that.
        Also i read in local news paper that starting from sept 26th there is new stream line of processing for visa. But not sure is that only for tourism or even for work visas also. do u have any info on this new process? Any links to share?

        Thanks once again for your response.

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        • #5
          on oct 2nd, her I129 pettion got approved.
          She is carrying her 34th week now. So nervous. Probably by Nov 1st week we are planning to go for stamping but planning to travel next year, first quarter.
          I have query on getting H4 for new born.
          Can we get stamping for us in Nov and later for baby separate or it is advisable to get all together in single shot after delivery?

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