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H1 transfer with out Pay stubs (Maternity Leave)

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  • H1 transfer with out Pay stubs (Maternity Leave)

    is it possible for H1 transfer with out recent pay stubs(was on Maternity Leave). If no Pay stubs, do we need to provide proof for the same?

    please suggest

  • #2
    is it possible for H1 transfer with out recent pay stubs(was on Maternity Leave). If no Pay stubs, do we need to provide proof for the same?

    ---- Yes, it is wise to state the reasons for the lack of pay stubs for the months that you are not paid. Maternity leave is legal and valid reason for non payment. It may be accompanied by a doctor's medical certificate to make it look more authentic. You may also check with your comapany's attorney for the exact wordings of the document

    Best of luck

    Subramanya

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    • #3
      A typical maternity leave is 6 weeks for normal delivery and 8 weeks for C-section. Beyond that, you will need letter from your physician or your child's physician to support further time off without pay.
      Not a legal advice. Use of this information is strictly at your own risk.

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      • #4
        Once could choose to use FMLA after the 6-8 weeks of paid maternity leave (benefit/STD depending on employer) with pay provided by the employer and go on unpaid leave. The job is protected by FMLA and as long the employee/employer relationship exists, the H1b status holds good.

        The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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        • #5
          It is also advisable to get payslips from the employer showing zero pay citing unpaid leave.
          This is my opinion and not legal advice.

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