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Maintaining H1B status while on Maternity leave

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  • Maintaining H1B status while on Maternity leave

    I m planning to take 6 months of maternity leave and my contracting company is a small company. I am currently working on H1B visa. ( Its approved petition but not stamped)
    I wanted to know if 6 mnths maternity break is possible without my h1b getting revoked / cancelled ?
    What is the longest duration tht I can be on maternity break without affecting my H1b status ?

    Thanks and Appreciate your response.

  • #2
    You are in H1B status only as long as you get paid your regular salary, on leave or not.

    If you take unpaid leave like that while on H1B, you are out of status.
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Unpaid leave for a genuine reason and for a reasonable period is okay. But it should be properly documented. 6 months is not considered reasonable for maternity in the US unless there are complications certified by a doctor. Most companies only provide 6 weeks of FMLA for normal pregnancy.
      This is my opinion and not legal advice.

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      • #4
        Thank you so much for your response. That really helps !!!

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