6+ mo of maternity leave on H1b

[h1bInquirer]

Hi,

   I was planning to quit my job in the 8th mo of my pregnancy and relocate to a different state (where my husb works) but my job ended in the end of my 6th mo of pregnancy. So moved to where my husband was and since there were only 2 1/2 mo to my due date, I did not find a new job. Now after delivering, I took two mo of maternity leave and started searching for jobs but its been 2 mo and still no job. So to sum it up i took 3 mo off b'4 pregnancy and 3 1/2 after pregnancy. Now my question is am I out of status? Or can I just pass it off as my unpaid maternity leave. Will this pose a prob in my GC process (I-140 has been approved)? Please advise. 

[t75]

If you did not go to H4, you have been out of status. US maternity leaves are 6/8 weeks without a doctor's excuse.   You should have returned to work once you moved. Many US women work until the week or day of delivery. Your employer had the obligation to place and pay you, and you had the obligation to appear for work. You CHOSE not to do what was required and move.

 

Don't try to "pass it off", you would be lying to US immigration. Either do things legally or go home. 

 

Yes, violations of the rules are likely to pose a GC problem.  Why is your sponsor not placing you in a position now?

If you want to live and work in the US, you need to understand your rights and RESPONSIBILITIES before you violate the rules.