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Unpaid leave on L1B visa

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  • Unpaid leave on L1B visa

    I am on L1 B visa. I need to go on maternity leave. My company does not have any policy for this case. I am thinking to take an unpaid maternity leave for 3 month that are granted by the US law - FMLA.

    Can I take unpaid leave and still save L1b visa status?
    Is FMLA works for visa holders?
    How much time can I be on unpaid leave and still have the same status?
    Will there be any impact on the Green Card process because of unpaid leave?

  • #2
    Unpaid Leave on L1B

    My wife is on L1B and went on FMLA when she gave birth to our son last May. I am no lawyer and I am basing this on our experience. As long as you are employed in the US legally, you are covered by FMLA (It depends state by state, we are in IL). If you are paying short term disability insurance, you can even get 10 weeks from them and more if you do C-Section (you get more weeks of when you go C-Section based on FMLA).

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    • #3
      Unpaid leave for a genuine reasons such as sickness or pregnancy is acceptable. It must be documented with doctor's letters, hospital bills etc.
      This is my opinion and not legal advice.

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