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Need help ! vacation during pregnancy in H1

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  • Need help ! vacation during pregnancy in H1

    hi,

    i am in H1 and currently employed.Expecting baby by June 2008.
    Can anyone suggest me how long we can take leave after delivery while you are in H1.

    I am planning to take a break for 1 year, is it possible to maintain my H1 status? plz help me out!

    Thanks for your reply!

  • #2
    leave during pregnancy is ok

    Leave under the Family and Medical Leave Act does not terminate the H-1B relationship with the employer. Letter, Hernandez, USCIS Director, (HQ 70/6.2.8) (Feb. 2, 2000).
    Family and Medical Leave Act // Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

    * for the birth and care of the newborn child of the employee; *
    Up to 12 weeks is clearly no problem. But I don't see anything wrong with one year of leave so long as you remain *employed* by your employer. You must intend to return to work. And your employer must intend for you to return as well.

    You might want to return earlier though - at least part-time. Because if you do take that year off, and then your relationship with your employer breaks down, you might have trouble switching employers while remaining in the US. USCIS might claim you didn't maintain your status.

    By the way, congratulations to you!

    John

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    • #3
      Thanks!

      Thanks for the info !

      So i can take a break for 12 weeks which i slegally allowed.

      Suppose after 12 weeks of leave, if i decide to go to India for 6 months..

      Will this be valid..so that once i come back from India i can go for work.

      basically staying outside US will keep my visa status valid without any issue?

      regs

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