H1B New Employeer - Maternity Leave & FLMA Complications


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I am requesting your help on behalf of my wife.



My 6 years on H1B will be completing on 4/2017. I-140 is approved through my current employer say 'A'. I am in a process of changing state and employer say to 'B' in October-2016.


Now, if I get pregnant in October-2016 and due date is in June-2017, then as per state FLMA rule, I will not be eligible for FLMA as I have not completed 12 months with new employer 'B'.


In that case, if employer  'B' is okay to take me in the same project after maternity leave,

however they will not pay me as I will be on maternity leave and not on FLMA.


My question is: Can I go on maternity leave (not FLMA) and be in H1B status. And rejoin them after maternity leave?


I there any funda as maternity leave and not FLMA in H1B status?


Thank You.



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