Leave on H1B

[Pradeepa_rao]

Hi,

 

My H1B has just started in October. I am pregnant now and want to know if I can take few months leave while on H1B status. Also, for how long can I be on leave.

 

Please Advice.

 

Thanks,

 

Pradeepa 

[jairichi]

Hi,

 

My H1B has just started in October. I am pregnant now and want to know if I can take few months leave while on H1B status. Also, for how long can I be on leave.

 

Please Advice.

 

Thanks,

 

Pradeepa 

Based on FMLA you can be on maternity leave for a maximum of 3 months. Being paid or unpaid during maternity leave varies from employer to employer. After 3 months you have to report to work or move to a dependent status.

[t75]

Your employer will have a defined maternity benefit. FMLA does not apply since she has not met the employment duration requirement.  Unless medically indicated, expect to work until delivery (or ordered by your doctor to stay home) and return within 6 (or 8 for a C-section) weeks. 

[omshiv]

Move to H4!

[nineballs]

In my opinion, FMLA gives you the right to certain number of days away from work (generally 12 weeks) without getting fired. I don't see any problem with taking more leaves than allowed on FMLA as long as the employer is ok with it and you are ok with not getting salary for those leaves.

This is my personal opinion.

[t75]

There are specific requirements for FMLA. One is employment at the employer. OP is new and will not qualify. As an H1B worker, one is required to WORK.

 

nineballs, your personal opinion is of no consequence. OP must obey the US government's rules and regulations which means she needs to get herself to the office both before and after delivery and WORK or move to dependent status or go home.  In fact, if she cannot avail herself of dependent status and doesn't want to work before delivery, she needs to go home while travel is still safe.

[nineballs]

nineballs, your personal opinion is of no consequence. OP must obey the US government's rules and regulations which means she needs to get herself to the office both before and after delivery and WORK or move to dependent status or go home.

 

Can you show me the link where it says that H1Bs can't get unpaid vacation? All other employees can. Why not H1B? I understand that on H1b, you got to be working all the time. But, Who says anything about vacation?

[catx]

There is no problem with vacation time when on a H-1B visa, as long as it is paid vacation (e.g. like regular employees).  I have always received paid vacation time while working in the U.S. on a H-1B visa, and taken that paid time off.  There is no such thing as "unpaid" vacation while on a H-1B visa.  If you are not getting paid your required wage while on a H-1B visa (for any amount of time), then you are considered to be not working, and thus are out of status.

[JoeF]

Can you show me the link where it says that H1Bs can't get unpaid vacation? All other employees can. Why not H1B? I understand that on H1b, you got to be working all the time. But, Who says anything about vacation?

The problem is that this kind of stuff has been abused by fraud employers.

Because of that, you WILL get into problems if you take an unpaid vacation and stay in the US during that time.

Blame the people who signed and still sign up with shady consulting companies.

[nineballs]

The problem is that this kind of stuff has been abused by fraud employers.

Because of that, you WILL get into problems if you take an unpaid vacation and stay in the US during that time.

Blame the people who signed and still sign up with shady consulting companies.

This makes sense now. Thanks JoeF for the clarification. This is what exactly I thought but you chose the right words for it.