H1 B project loss while on maternity leave

S

supermom

New Member
Hi, My H1B is sponsored by a consulting company that pays me when i am working on a project. This april, while working on a project, I went on maternity leave. I was preparing to join back work in july, but the project got delayed and now i am not working. Using all the maternity leave available from the state of CA, I have till 2nd week of September 09. Am i already out of status since i am not getting paid or will i be out of status from the time my maternity leave gets over? (8 weeks of recovery + 6 weeks of bonding time + 6 weeks of FMLA). I have filed all the relevant EDD forms, so the state of CA is informed of this leave and know i will not be getting paid for this duration. My employer says if i file for more "vacation without pay" i will not be out of status. Will this work? From when will i be out of status? Thanks in advance for your inputs!!!
 
Your leaves which correspond to those standardly available to all workers are fine for your visa status. Additional unpaid leave is not. If you are qualified to convert to another visa status based on your husband, you should consider doing so. Otherwise, your employer should send you to your home country since there is no work for you and he is unwilling to pay you according to regulations governing the H1B program. Another alternative for you is to find a new employer to file a new petition for you.

The fact that your child is a US citizen has no bearing on your status at this time.
 
You must log in or register to reply here.
Top