Maternity leave h1b visa

aucho53 · Post by **aucho53** » Mon Sep 19, 2011 2:38 pm

Hi all,

Great forum, I've found so much info here!

I am just about to start the H1B process and I have a quick question. My fiancÃ© will be coming to join me in the US from Canada shortly (we are both CDN citizens) and we are going to want to start a family soon. If I do get pregnant while on my H1B and have the baby in the US what happens? Is there anything I should know?

Thanks!

nelsona · Post by **nelsona** » Mon Sep 19, 2011 2:56 pm

Generally, mat leave and other forms of employee-requested leave are accptable under H1, particularly if covered by FMLA or company policy.

aucho53 · Post by **aucho53** » Tue Sep 20, 2011 12:13 pm

thanks for the reply....as a second part to my question : Once the baby is born (it will be a US citizen) can I start a green card application through the child? Or do I need to do that through the employer that I am working for?

thanks again!

nelsona · Post by **nelsona** » Tue Sep 20, 2011 12:58 pm

US citizens can only sponsor parents at age 21.

If your goal is GC before 2033, you will still need employer-sponsorship.