How Many months can H1B person Take Leave and Live in USA to help Pregnant wife(H4)


hello999

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19 hours ago, rohang said:

i don't think so, unless your employer is ready to pay you during that time. 

You will need to check with HR, but i highly doubt it would be more than 2 weeks.

Are you serious? so can't we take leave for family medical emergencies on H1B? who made these kind of slave rules??  i am not asking for Pay/salary during Leave. All i need is Leave for 2-3 months. we don't have any relatives or parents in usa so i need to support my wife. 

Murthy Law Firm, can you please answer this. 

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3 hours ago, vikky789 said:

Are you serious? so can't we take leave for family medical emergencies on H1B? who made these kind of slave rules??  i am not asking for Pay/salary during Leave. All i need is Leave for 2-3 months. we don't have any relatives or parents in usa so i need to support my wife. 

Murthy Law Firm, can you please answer this. 

Blame all the fraud employers who forced people to take a leave of absence when their project ended. And they even tried to make it look legit, by forcing the employees to write a letter claiming they requested it... Because of such abuse, USCIS nowadays sees any LOA as a big red flag.

Having said that, in principle it is possible to take a LOA, if it REALLY REALLY is legitimate and solely initiated by the employee. But you need a good lawyer to prepare the paperwork.

 

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26 minutes ago, H1B_boy said:

Its very simple vikky. Please search FMLA, you can take 12 weeks to take care of new born, unpaid. Its legal.

You just need to ask your HR for the form , fill it up and send it to HR. You are good to go.

 

If I remember right, that applies to companies that have at least 50 employees.

 

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On 5/19/2017 at 11:48 AM, H1B_boy said:

Its very simple vikky. Please search FMLA, you can take 12 weeks to take care of new born, unpaid. Its legal.

You just need to ask your HR for the form , fill it up and send it to HR. You are good to go.

 

qq, does FMLA applies to father too? I was under the impression it apply to mother.

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  • 1 month later...
On 5/19/2017 at 10:48 AM, H1B_boy said:

Its very simple vikky. Please search FMLA, you can take 12 weeks to take care of new born, unpaid. Its legal.

You just need to ask your HR for the form , fill it up and send it to HR. You are good to go.

 

Thank you for reply. So can i take FMLA to help my dependent H4 wife in 8th month of her pregnancy ? 

Is FMLA  applicable after kid born or before?

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  • 4 weeks later...

yes FMLA is for father also, no issues.  FMLA can be taken anytime before or after. It can be split-ed also.

FMLA is generic its not only for Maternity, it can be for any serious health issue and to take care of family person. Please google FMLA you can get all official info from Federal website. Please help yourself.

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