H1B Approved while on Maternity Break. Am I out of status ?

[SA1301]

I started working in the US on L2 EAD. I applied for unpaid maternity leave with my employer startiing Oct 2013 to Jan 2014, which my employer approved. Meanwhile, my H1B got approved on Dec 2013, while I was still on maternity leave.

 

Due to some personal reasons, I had to extend my maternity leave for one more month and my employer agreed to it since it is going to be unpaid ( no payroll ran). I have few questions regarding my situations now

 

1. Is this process legal ? Is my status still active ?

2. Can I start working for my employer or do a H1 transfer once my maternity leave is over ? 

3. Is my L2 still valid as I have not actually started workiing on my H1?

 

Please advise !

[omshiv]

Who is doing your work in your behalf? Employer just cannot keep extending your no work no pay trick

[pontevecchio]

Assuming there was a COS from L2 involved you should get in touch with an Immigration Law Firm and ask for help in going forward.

[t75]

Your maternity leave is far too long for it to be considered normal.  Expect problems in the future explaining why you are so special that you do not have to behave like a normal American working woman and get back into the workforce after 6/8 8 weeks if you do not qualify for FMLA.

 

If you want to work in America, you need to expect to behave properly and not plan to do as you might in your home country. There are consequences.

[deb1975]

Your maternity leave is far too long for it to be considered normal.  Expect problems in the future explaining why you are so special that you do not have to behave like a normal American working woman and get back into the workforce after 6/8 8 weeks if you do not qualify for FMLA.

 

If you want to work in America, you need to expect to behave properly and not plan to do as you might in your home country. There are consequences.

 

OP, don't listen to this t75. I am not sure about legal status and you have to consult an attorney for that, but 4 months of maternity leave is nothing unusual. Where I work, on average people go to maternity leave for 5 months and 6/8 weeks are fully paid, then another 6 weeks paid but not full pay by the state and then another 6 weeks without pay which is covered by FMLA. FMLA coverage generally begins after 1 year of work but that doesn't mean you can go on without pay leave just that your employer may let you go. So explaining 4 months of leave for maternity should not be a big deal but again I do not know about your legal status.

[t75]

FMLA has very strict rules. Not every company is required to offer it and the individual must meet standards to use it.  A company will have a published rule.  Expect to abide by it. However, many women posting to this forem plan to do what is customary in their home country and not what is customary in the US. In the US, women do NOT get 4 or 6 months or a year maternity leave.

 

If OP wants to take more, she should move to a dependent visa status.

 

And few states offer state paid maternity leave.

[chakrakr]

FMLA has very strict rules. Not every company is required to offer it and the individual must meet standards to use it.  A company will have a published rule.  Expect to abide by it. However, many women posting to this forem plan to do what is customary in their home country and not what is customary in the US. In the US, women do NOT get 4 or 6 months or a year maternity leave.

 

If OP wants to take more, she should move to a dependent visa status.

 

And few states offer state paid maternity leave.

Where I work , I have seen USC women taking at least 4 months of maternity leave.     Do not generalize .

[SA1301]

If that is the case, can I apply for dependent visa now, say H4?

Since I have not started working on H1b, will it cause issue when I file H4?

Is my stay legal, when I have submitted my H4 visa application?

[pontevecchio]

You can possibly change status to H4. You have chosen to ignore my previous reply. Best of Luck.