I am in H-1B status. Can I take maternity leave?
QUESTION: I am in H-1B status. I just found out that I am pregnant. Will I lose my status when I stop working to have my baby? Am I able to take time off from work after I give birth? If I lose my H-1B status, will I be able to get a green card through my child?
THE IMMIGRATION ANSWER MAN – ARI SAUER: Foreign nationals in H-1B status are entitled to receive the same benefits from their employers as similarly situated US employees of the company. This includes maternity leave. You are allowed to go on maternity leave in H-1B status without losing your H-1B status. Talk to your company’s HR manager about what their maternity leave policy is. How much paid leave and/or unpaid leave you are allowed to take without jeopardizing your H-1B status will depend upon your eligibility for maternity leave under the Family and Medical Leave Act (FMLA), your state labor laws, and your company’s establish policies.
You will not be able to apply to receive a green card through your child. At least not any time soon. A US citizen child must be at least 21 years old before their can file a petition for their parent to sponsor the parent for US permanent residence.
Please see contact information below if you would like to schedule a consultation appointment with me to discuss your immigration issue.
Published 3/31/17 by attorney Ari Sauer.
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Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.
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Suppose I was granted a approved maternity leave of 3 months, does that contribute to extension of H1B for 3 months after 6 years completion ?
No. That would still be considered time spent in the US in H-1B status.