maternity leave i-140

H

HumHongeKamyaab

Registered Users (C)
Hi All,
frm sspadal

I have applied for my I-140 , I-485 ,Advance Parole and EAD concurrent filing with a Receive Date 09/30/03 at Nebraska Service Center. My employer is in Chicago, Illinois.

I am 7 month pregnant now. I am planning to apply for Maternity leave very soon. Is it legal to be on unpaid Maternity leave when applied for I-140 and I-485. If it is legal how long is it legal is it 3 months or 6 months.

What If I get a RFE on I-140 asking for my pay stubs. Is it OK to say I am unpaid maternity leave and I am not getting paid so I do not have pay stubs , though my status being on EAD/Advance Payrolle(Assuming I get EAD/Advance Payrole before I get an RFE for I-140).

is it OK If I do not get paid but still be employed by my current employer who filed for my GC.

I hope my questions are not too confusing. Thank you in advance for your answers.
 
I am 7 month pregnant now. I am planning to apply for Maternity leave very soon. Is it legal to be on unpaid Maternity leave when applied for I-140 and I-485. If it is legal how long is it legal is it 3 months or 6 months.
Yes it is. Get a letter from your doctor describing your condition.

What If I get a RFE on I-140 asking for my pay stubs. Is it OK to say I am unpaid maternity leave and I am not getting paid so I do not have pay stubs , though my status being on EAD/Advance Payrolle(Assuming I get EAD/Advance Payrole before I get an RFE for I-140).
Yes, it is OK. Submit documentation to substantiate your claim. It is also wise to get a letter from your employer about the company's policies on paid/unpaid maternity leave.

is it OK If I do not get paid but still be employed by my current employer who filed for my GC.
Yes it is OK if maternity is the reason for not getting paid.
 
HumHongeKamyaab:
you are OK and will be OK, no problem for you your status is AOS pending.
Good Luck!
 
Vacation - FML

HumHongeKamyaab,


I believe FMLA Federal act limitation is 12 weeks. Try to get some more info on this.

thanks
 
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