H4 paid maternity leave from abroad

[james.sarver85]

Dear all,

My wife is currently in the UK where she as a job. We are going to be parents soon. She is entitled to paid maternity leave (up to a year).

Question: Would she have a problem applying for an H4? Because she would come here (after our baby is born) and have an income, but she would not be doing work. She would just be spending some time here (we are planning on going back in 6 months or so, so a visa is needed as its more than 3 months)

Thanks for your help

[raghvi]

Dear all,

My wife is currently in the UK where she as a job. We are going to be parents soon. She is entitled to paid maternity leave (up to a year).

Question: Would she have a problem applying for an H4? Because she would come here (after our baby is born) and have an income, but she would not be doing work. She would just be spending some time here (we are planning on going back in 6 months or so, so a visa is needed as its more than 3 months)

Thanks for your help

She cannot have an income under H4. Even if she is not working, the pay on leave is actually a benefit due to her employment.

This is my opinion not legal advice.