Hello friends,
I am on H1B visa, and we just had a baby. My confusion is about the Paid Family Leave provided by State of California for bonding with a new born child. This state benefit program is not concerned with the immigration status as long as I qualify otherwise (http://www.edd.ca.gov/fleclaimpfl.htm). And I did confirm that I qualify - which means I am eligible for 6 weeks of State paid (partially of course) leave for bonding with new born.
My employer is willing to work with me and does not have any problem letting me take these 6 weeks leave - as long as its all OK from US immigration's (BCIS) perspective. In fact this program requires that the employer NOT pay me while I am getting the benefit checks from the state during this time.
I will not be getting any paycheck for these 6 weeks from my employer. Also my current H1B visa that I have with my current employer is not yet stamped on my passport.
Now, most likely after these 6 weeks of leave are over, I will need to leave US for a personal/business trip to my home country for just 7 days. I will HAVE TO get my new H1B (current employer's) visa stamped on my passport. (Lets say I can manage to get an appointment at the consulate there within this short duration).
My concern is that I wont have any paychecks to show to the immigration officials at the consulate in my home country to prove that I am still working at the same employer. The latest paycheck will be about 6 weeks old.
My questions:
(1) Are H1B visa holders entitled to the state disability benefits just like permanent residents and citizens (after they qualify otherwise)? Try to think from the US immigration's point of view, because the state has already agreed to provide the benefit. I know- it sounds very obvious that in such situations the law should be accommodative, but any evidences supporting this would be nice.
(2) Are there any precautions I should take before I went into this leave?
(3) Has anybody inquired into this yet with the BCIS? Are there any discussions about such cases that you know of (please past the link here).
Sincere thanks.
I am on H1B visa, and we just had a baby. My confusion is about the Paid Family Leave provided by State of California for bonding with a new born child. This state benefit program is not concerned with the immigration status as long as I qualify otherwise (http://www.edd.ca.gov/fleclaimpfl.htm). And I did confirm that I qualify - which means I am eligible for 6 weeks of State paid (partially of course) leave for bonding with new born.
My employer is willing to work with me and does not have any problem letting me take these 6 weeks leave - as long as its all OK from US immigration's (BCIS) perspective. In fact this program requires that the employer NOT pay me while I am getting the benefit checks from the state during this time.
I will not be getting any paycheck for these 6 weeks from my employer. Also my current H1B visa that I have with my current employer is not yet stamped on my passport.
Now, most likely after these 6 weeks of leave are over, I will need to leave US for a personal/business trip to my home country for just 7 days. I will HAVE TO get my new H1B (current employer's) visa stamped on my passport. (Lets say I can manage to get an appointment at the consulate there within this short duration).
My concern is that I wont have any paychecks to show to the immigration officials at the consulate in my home country to prove that I am still working at the same employer. The latest paycheck will be about 6 weeks old.
My questions:
(1) Are H1B visa holders entitled to the state disability benefits just like permanent residents and citizens (after they qualify otherwise)? Try to think from the US immigration's point of view, because the state has already agreed to provide the benefit. I know- it sounds very obvious that in such situations the law should be accommodative, but any evidences supporting this would be nice.
(2) Are there any precautions I should take before I went into this leave?
(3) Has anybody inquired into this yet with the BCIS? Are there any discussions about such cases that you know of (please past the link here).
Sincere thanks.
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