change of status from h4 to h1 and maternity leave

[sathish2009]

Hi,

 

My Wife recently got her status changed from h4 to h1. She started working from nov1 and is wfh, Due to her pregnancy and expected date being December, she is planning to take a break for couple of months ie Dec and January. and resume her job from February. What are her options to stay without having to go out of status. Otherwise she has to take a month's break and Start working in Jan again. Any inputs will be helpful.

[jairichi]

Hi,

 

My Wife recently got her status changed from h4 to h1. She started working from nov1 and is wfh, Due to her pregnancy and expected date being December, she is planning to take a break for couple of months ie Dec and January. and resume her job from February. What are her options to stay without having to go out of status. Otherwise she has to take a month's break and Start working in Jan again. Any inputs will be helpful.

I believe your wife could take FMLA leave for maximum 3 months and be on H1B status. After that she has to join employer and paid to be on H1B status. Talk to her employer's attorney.

[kwyjibo]

She can take a maternity leave, but the terms of it should be what the company customarily gives to others at the company.