Leave on H1B

[ramch3]

Hi,

     I am currently on H1B visa and would like to take maternity leave for 5-6 months.

I have the below doubts about this:

 

1) Is it legal to take leave(unpaid, reason:Maternity) for 5-6 months when I am on H1B visa? (My employer has agreed to give me unpaid leave, he asked me to sign a leave letter where it states that I am taking unpaid leave.)

2) Is this leave letter enough for me to maintain status on H1B or do I need any other documents from employer as proof?

3) Do I need payslips(with no pay) for the leave duration?

 

Or

4) Do I have to convert to H4 for the duration that I am on leave?

 

Please advise.

 

[pontevecchio]

Since 5-6 months would seem to be an unreasonable period of time while still maintaining status I suggest changing to H4 status now if you can and then getting back to H1 status after you are sure . Best of Luck with your Baby.

[jairichi]

You can not be on maternity leave for 5-6 months. I believe it is 4 to 6 weeks. If you want to stay in H1B your employer has to pay you beyond 4-6 weeks (maternity leave) whether you work or not. I do not think your employer will be that generous. If you really want to have the 5-6 months leave convert your H1B to H4 and later to H1B when you are ready. Good luck.