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Help reg maternity leave at the beginning of my H1 status

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  • Help reg maternity leave at the beginning of my H1 status

    Hi friends,
    I got my H1 approved on 05 Oct 2015 after clearing an RFE. I am currently on H4 in the US.
    I am however 34 weeks pregnant now with my due date December 2nd week. Since its late in my pregnancy cycle, I cannot apply for jobs/join now. I have informed my employer and he has agreed to avail maternity leave until Feb 2016 after which I am planning to join work. [I have 9 years of prior work experience in IT as SQA Engineer]. I am asked to give a formal notarized leave requisition letter to my employer.

    Below are my questions/concerns.
    1. My Change of Status is immediate - in that case, will the maternity leave count before my delivery date too? In my case, I need 2 months leave before my due date
    2. Since this maternity break is at the beginning of my H1 status, will it cause any issues in the long term?

    Would be great if someone can help me with some info reg my case.
    Thanks in advance

  • #2
    Maternity leave can be only 6 weeks for normal delivery and 8 weeks for C-section. You have not even started working for the employer. Your best option to stay in status is to file a COS from H1B to COS. Currently you are out of status on H1B, so a COS is not possible. But if you attached a letter from the employer and a letter from your doctor about your pregnancy, then the chances of the COS approval is high. USCIS doesn't allow you to be on unpaid vacation on H1B for 5 months.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin143! I shall check with my employer

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