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Posted on 04 Feb 2011
Q.

Extended leave on H1B during and after pregnancy

This email is to find options to take extended leave on H1B visa.
My wife is working as a contractor for a Texas state agency through a non profit staffing company on H1B visa. We are expecting and due in end of Feb. She doesn't receives any paid medical benefits or maternity leave.
Our questions are
1 Our understanding is that she can take FMLA during pregnancy for 12 weeks with no pay and maintain H1B status. Is that correct?
2 She wish to take extended leave after pregnancy (for 3-4 months after 12 weeks of FMLA) to bond with baby and then return to work. Can we do that and maintain H1B status? If yes, what status is she on and what paperworks needs to be done. There won't be any pay during this extended leave so will it cause any issue during future H1 transfer.
Thx

User's Location: Austin, Texas, United States of America
Category: H1B Visa (Work Visa)
Posted on 05 Feb 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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