Wife H4 to H1 Maternity Leave Issue

A

atrahul

New Member
Hi,

My wife has been in the US on H4 visa since March 2004 and recently got her H1 approved (effective Oct 1 2005) and new I-94 from employer. However, though she is now on H1 status she is unable to work as shes nine months pregnant and due in first week on Nov 2005. Her employer has not paid her anything till now as its just one month of Oct that she has been employed and also as shez yet to receive her SSN. Employer says that she should take maternity leave of 3 months from day one of employment.

I'm worried that would she still be "in-status" and not "out of status" because after 3 months of maternity leave (Oct, Nov, Dec 2005) when she continues working in Jan 2006, she won't have had even a single pay-stub to prove her employment since Oct 1, 2005.

What should we do in order to maintain her H1 status? Request for your advice and guidance in this matter.

Thanks in anticipation,
 
It should be fine.

http://www.murthy.com/news/UDfamact.html

"According to the INS, an H1B employee can take time off from work under the Family Leave Act or under the company's maternity or parental leave policy, and still be in valid H1B status in the U.S. In order to maintain legal H1B status, the H1B employee cannot take more leave than is generally allowed for other employees".
 
Thanks very much for the reply. But FMLA is not applicable in our case as one has to be employed for atleats 12 months for that. But the maternity leave option can be availed to maintain H1 status I guess!
 
You must log in or register to reply here.
Top