H1B visa validity while on maternity leave

[parul03]

Hi,
I am currently on H1 in US and planning to take my maternity leave starting from 1 March 2014. My company policy states that I am allowed 8 weeks of paid maternity leave and 6 months of unpaid (extended) maternity leave.

My query is regarding the extended maternity leave, since it is an unpaid leave, will I be out of status during this unpaid maternity leave?

Thanks.

[Nattybone]

Hi,
I am currently on H1 in US and planning to take my maternity leave starting from 1 March 2014. My company policy states that I am allowed 8 weeks of paid maternity leave and 6 months of unpaid (extended) maternity leave.

My query is regarding the extended maternity leave, since it is an unpaid leave, will I be out of status during this unpaid maternity leave?

Thanks.

Hello, Parul03.

The extended leave, if my understanding is correct, is like keeping the door open for employees to return back to the organization after 6 months. During this period, there will be no monetary benefit extended to the employee by the company. As your visa depends upon the monetary aspect of the payroll being run every month, i do not think the extended period will help you maintain your legal status in USA. I would suggest that, after clarifying with your company and lawyer, you file for some other visa (like H4) for the period starting after the 8 weeks of paid leave, if your spouse is on H1B as well.

Personal opinion.

Wishing you luck.

Cheers,

[parul03]

Thanks for the response.

I did try to find an appropriate response to this from my company and I got the below vague email from a company lawyer.

"In general, so long as your leave is approved and within the leave policy of ZZZ, you are not in violation of your H1B status. Please just make sure that you do not go over your approved leave since, as you can imagine, XX cannot keep you on leave for a unlimited period of time. If you do resign from ZZZ, then your H1B status terminates the day after your last day with ZZZ."

This does tell me that I will not be out of status during my extended maternity leave if I join back the company but I still have no idea what would be the case if I resign from YYYY during the extended maternity leave!

any advice?

[pass2217]

Thanks for the response.

I did try to find an appropriate response to this from my company and I got the below vague email from a company lawyer.

"In general, so long as your leave is approved and within the leave policy of ZZZ, you are not in violation of your H1B status. Please just make sure that you do not go over your approved leave since, as you can imagine, XX cannot keep you on leave for a unlimited period of time. If you do resign from ZZZ, then your H1B status terminates the day after your last day with ZZZ."

This does tell me that I will not be out of status during my extended maternity leave if I join back the company but I still have no idea what would be the case if I resign from YYYY during the extended maternity leave!

any advice?

Hi... I am on same situation, can you please tell me what did you decide? Is it legal to be on extended maternity leave?