H1B visa stamping while on maternity leave

[SmithaRM]

Hi,

 

I am working with my current employer from Jan 2013. I was off for 6 weeks(in the USA) on a paid maternity leave. 

I joined back work on the 22nd of July(end of 6 weeks leave). I plan to go on a loss of pay leave from August until December 2013.

 

During this time, I have a trip planned to India(in october), where I have to get my H1B visa stamped. 

Considering I will be on loss of pay leave - will I face an issue during H1B visa stamping?

 

My last paystub will be that of July. We are required to produce 3 most recent paystubs at the visa interview. Would this be a problem?

 

Thanks!

-S

[omshiv]

How is this new employer even allowing you to take soo much holidays...just convert to H4.

[lucky22]

@omshiv, are employees not entitled to a FMLA for maternity? I know employers who give FMLA and STD eligibility from the day we join their company, So in that case, I think one is definitely eligible for FMLA and STD leave for covered reasons. Please let me know if my understanding is wrong as I am also thinking about availing FMLA or STD for maternity, as I will not be having enough PTO accumulated.

 

Thanks,

Lucky

[lucky22]

@Smitha, did u plan on taking STD/FMLA leave when you say about taking leave on loss of pay? If you were going to use FMLA, I think it you should have enough evidence to show your leave as a covered reason to qualify. Talk to your Immigation lawyer about the visa/stamping question and HR about the leave question. I believe a forum is not a right place to pose this question as we are not aware of the policies and procedures of your employer--that's my two cents.