H1 goin on maternity leave

A

alpmathur

Registered Users (C)
Hi! I am currently on h4 and have applied for h1. I would receive my H1 in october. I am 5 months pregnant now and plan to go on maternity leave.
1) Would goin on maternity leave without pay, immediately after getting h1, make me out of status?
2) If i work for 2 months and then go for maternity leave without pay after having the baby, would I become out of status in that case too?
3) Are there any rules pertaining to maternity or sick leave for H1 employees?
Thanks in advance
 
alpmathur said:
Hi! I am currently on h4 and have applied for h1. I would receive my H1 in october. I am 5 months pregnant now and plan to go on maternity leave.
1) Would goin on maternity leave without pay, immediately after getting h1, make me out of status?
2) If i work for 2 months and then go for maternity leave without pay after having the baby, would I become out of status in that case too?
3) Are there any rules pertaining to maternity or sick leave for H1 employees?
Thanks in advance
Click to expand...
Maternity leave is allowed to H1B holder(not going to out of status). I do not have link with me now, but there is FAQ in USCIS site about it.
 
USCIS says this on the website:
Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.


but it does not specify anything about leave without pay...this is what i am confused about
 
alpmathur said:
Hi! I am currently on h4 and have applied for h1. I would receive my H1 in october. I am 5 months pregnant now and plan to go on maternity leave.
1) Would goin on maternity leave without pay, immediately after getting h1, make me out of status?
2) If i work for 2 months and then go for maternity leave without pay after having the baby, would I become out of status in that case too?
3) Are there any rules pertaining to maternity or sick leave for H1 employees?
Thanks in advance
Click to expand...

My wife was on H1 when she stayed at home on maternity leave for 5+months (2 months FMLA and rest unpaid). She started the job after the leave. She works for a large company served by a reputed immigration firm. They would have given some advice if there is risk of her going out of status.

I am not lawyer so I would ask you to check with your company's immigration lawyers about this.
 
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