H1B Status - Maternity leave

[USAH1BQueries]

Hi,

My wife is currently on H1B and works for a small employer. They are very supportive and helpful.

They run payroll when she doesn't have a job and adjust the pay once she is on a project and takes their share(which they paid during no job time)  and pays the rest to my wife.

This has been going on well as the time on which she is out of the project is very minimal.

Now my wife is pregnant and her project is ending at the end of this october month.
Her due is in Nov end and she wants to take Nov and Dec off.

If we want, they will run the payroll but the fact that my wife doesn't work for next 2 months makes it a big chunk of money to repay them which involves actual salary+taxes.

I am wondering is there anyway if we can use FMLA unpaid leaves where the company can pay zero$ pay check and we don't have to return much.

Company says they are ok with FMLA 12 weeks unpaid leave, but they are not sure how this will effect her H1B status. (It's a small company without much Immigration knowledge)

Could you please let me know what's the best solution  in this case where we can afford with minimal pay back.

If this needs some sort of action from emplyee and employer's end, could you please let me know in detail.

Thanks,

[pontevecchio]

What is your status here?

[JoeF]

This fake payroll is illegal, and a felony.

The money has to be paid "free and clear", and the company can NEVER get the money back, neither directly nor indirectly through additional "deductions" late on.

The company is not "helpful", the company is breaking the law!

File a complaint with DOL on form WH4. Without that, your wife will have lots of problems being able to stay in the US. Participation in a felony could mean she wouldn't be able to get a GC, ever. She also needs to talk with a good immigration lawyer ASAP!