parul03 Posted April 16, 2014 Report Share Posted April 16, 2014 Hi, I am new to this forum and hoping to get some answers... I am here in US on H1B through an Indian company. I have a few queries around maternity leave and maintaining the H1 status My company allows as per policy for me take 8 weeks of paid maternity leave and another 6 months of unpaid extended maternity leave. Below are my queries 1. Am I out of status during my extended maternity leave since it is unpaid though it is a leave allowed to me as per my company policy? 2. If I resign from this company (say, to take up another employment) during this unpaid leave will I be considered out of status for the duration of this unpaid leave? My company policy states: If you do not return to work from Maternity leave and/or Extended Maternity leave of absence, the termination date will be the later of (i) the last day worked, (ii) the last day for which you were paid salary or (ii) the last day for which payment was based upon under a disability plan or policy maintained by the Company. Waiting for some advice. Link to comment
t75 Posted April 16, 2014 Report Share Posted April 16, 2014 Expect to meet the requirements of the corporate policy. If you do not, resign. Link to comment
hightech Posted April 16, 2014 Report Share Posted April 16, 2014 If you followed all maternity leave regulations and having doctors letters for explaining your condition then you are good to go If you did not meet the above will be out of status. Link to comment
parul03 Posted April 19, 2014 Author Report Share Posted April 19, 2014 If you followed all maternity leave regulations and having doctors letters for explaining your condition then you are good to go If you did not meet the above will be out of status. Thanks for your response. A doctor I think can only give a letter for 6 weeks post delivery for a normal delivery. Does this mean that beyond that if I stay on unpaid leave and resign from the company, I will be out of status? Link to comment
t75 Posted April 19, 2014 Report Share Posted April 19, 2014 Since the leave is unpaid and you do not intend to return to that employer, COS to H4 if you qualify and COS back to H1B if and when you get a new job. Link to comment
omshiv Posted April 20, 2014 Report Share Posted April 20, 2014 just move to H4 and save all the trouble. Link to comment
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