Disability Insurance Claim during AOS pending status

[rtrcb]

Dear Members,

My spouse was nearing full term pregnancy and planning to go on FMLA leave. Both of us are in AOS pending status and working with EAD. Can she claim DI benefits during this leave ? Will it affect our GC approval at later stage ? Please share the information U have.

Thanks for your time and attention.

-rtrcb

[tusharvk]

As far as being in aos status and not work (having ead but not using ead to work), it is ok.

[Belle]

Short term DI does not impact anything in immigration.

[krisgolla]

Taking FMLA is not considered Disability, so I doubt you can take the DI benefit.

[krisgolla]

FMLA is not Disability, so I doubt you can claim DI benefits.

[Belle]

Giving birth results in a short term disability, and thus the woman may make a STDI claim and get paid for 6-8 weeks. FMLA is separate, and can be used for other thnings, not just giving birth. Again, neither impact your immigration status or immigrant cases in any way.