Receiving maternity salary after moving to the US on K1

[PelagijaP 67]

Hello. My K1 visa should be ready any time now. I had my interview, got 221g for additional document and now status changed to Issued on CEAC. 

 

I am 33 weeks pregnant and I am on a pregnancy leave. In my country by law I am to receive my full salary during both pregnancy and maternity leave since I am still employed.

I am wondering will it be ok if I continue to receive my maternity leave salary from my state onto my bank account after I go to the US? 

 

 

[Georgia16 2,858]

I'm guessing no. but you will have to ask your country. 

 

In DK you would also get all kind of things but when you leave the country to move to another you are no longer eligible to receive those benefits so you have to ask them your government or whoever pays out that benefit. 

[Khallaf 650]

8 minutes ago, PelagijaP said:

Hello. My K1 visa should be ready any time now. I had my interview, got 221g for additional document and now status changed to Issued on CEAC. 

 

I am 33 weeks pregnant and I am on a pregnancy leave. In my country by law I am to receive my full salary during both pregnancy and maternity leave since I am still employed.

I am wondering will it be ok if I continue to receive my maternity leave salary from my state onto my bank account after I go to the US? 

 

 

I would have to agree with other post, if you are leaving to move to another country you are thus leaving your job, so you would not be able to get those benefits as you will no longer be employed by them  

Edited February 21, 2019 by Khallaf

[payxibka 10,045]

11 minutes ago, PelagijaP said:

Hello. My K1 visa should be ready any time now. I had my interview, got 221g for additional document and now status changed to Issued on CEAC. 

 

I am 33 weeks pregnant and I am on a pregnancy leave. In my country by law I am to receive my full salary during both pregnancy and maternity leave since I am still employed.

I am wondering will it be ok if I continue to receive my maternity leave salary from my state onto my bank account after I go to the US? 

 

 

That's between you and your home country 

[PelagijaP 67]

Just now, Khallaf said:

I would have to agree with other post, if you are leaving to move to another country you are thus leaving your job, so you would not be able to get those benefits as you will no longer be employed by them  

Oh but my thing was that I thought I don't have to leave my job. I thought of leaving it t after baby is a year old because that is when maternity leave stops. It is state that is giving me salary, my company is just obliged by law to keep my position for me after I am back from maternity. It is fine if it is not doable, once in the US that money is not so much. I will stop to a solicitor to ask, on my way to the downtown anyway.

[Khallaf 650]

7 minutes ago, PelagijaP said:

Oh but my thing was that I thought I don't have to leave my job. I thought of leaving it t after baby is a year old because that is when maternity leave stops. It is state that is giving me salary, my company is just obliged by law to keep my position for me after I am back from maternity. It is fine if it is not doable, once in the US that money is not so much. I will stop to a solicitor to ask, on my way to the downtown anyway.

you can't work on a K1 visa in USA until after you get authorization to work, I am sure your job will not be too thrilled knowing that you moved to USA and want to still take benefit from them when you have no intention to continue working for them.

I do not believe even if they are also based in the USA, since you have no right to work in USA till after you get your employment based card.

 

they do not have to keep your position for you if you leave the country on a perm basis. 

 

it goes with the old phrase you want the cake and eat it to.

 

its unfortunate but I don't think your government law allows you to immigrant to another country keep your job just because your having a baby, and remain employed as you have no intentions to return to such job.

 

furthermore, I would see this becoming a moral issue. if not fraud. but then again I don't know the laws of your country either.

 

I know here in the USA if this was given a year off paid because your having a baby, sure but the expectations are that you will return to the job, not willing know you wont but also dont give resignation so you can get the benefit. 

Edited February 21, 2019 by Khallaf

[Cryssiekins 976]

If the payment is coming from the government, you would likely lose eligibility for it once you depart for the US. I know when I came to the US, I gave up residency in my home country (and the benefits that went along with that) even though I didn’t yet have residency in the US.  

[geowrian 22,337]

If the government or company wants to keep sending you money after you come to the US, that's their decision. I wouldn't be confident that they would (knowingly) do so upon entry on a K-1 because you are presumed to have entered the US seeking residency. You're not a visitor. It sounds like there is no intent to work there.

 

As for immigration purposes, as long as you are not actually engaging in work, there's no issue with unauthorized employment. Receiving income is not prohibited.

[NicoleS 189]

Does your work not know you are permanently moving to the US in (likely in a few weeks??)? This screams fraud. Paid maternity leave is a benefit before going back to that job. If you have no intention of working there ever again, they need to know. This sounds harsh, but be prepared to get fired, honestly. 🙄

[USS_Voyager 1,972]

Hold on, She is not saying she is working in the US. It is only illegal if she is actively WORKING in the US without work authorization. 

 

In the US, it is virtually impossible to fire a pregnant woman or during her maternity leave because of FMLA. I assume this is something similar in her country. So therefore, the company is required by LAWS to keep her employed until her maternity leave has ended (again, similar between two countries). The only different is FMLA in the US does NOT have to be paid, while in her country, according to her, they are again required by their laws, to pay her full salary until her maternity leave is ended.  So I really don't see why it is a problem immigration wise. She will not be working in the US. She has to declare this money in her taxes. That's all there is to it.

 

OP, you may want to let them know that you will resign at the end of your maternity leave. 

Edited February 21, 2019 by USS_Voyager

[USS_Voyager 1,972]

16 minutes ago, NicoleM said:

 Paid maternity leave is a benefit before going back to that job.

I don't think that's the case. Say, vacation is a benefit. If I take 2 weeks vacation and decide to resign right after I finish my vacation, that is my right. There is nothing to force me to go back to work on that job. Forced labor equals to indentured servitude.

 

16 minutes ago, NicoleM said:

If you have no intention of working there ever again, they need to know. This sounds harsh, but be prepared to get fired, honestly. 🙄

I agree, she needs to tell them she resigns AFTER her maternity leave. And that is the whole point, she is ON maternity leave, and they CANNOT fire her. They can fire her after she finishes her maternity leave (but not if she resigns first ^_^)

And they're required by their laws to pay her while she's on maternity leave. And it is not illegal for her to accept that money while she's on K-1 in the US. So I don't see why any of this is a problem. 

Edited February 21, 2019 by USS_Voyager

[payxibka 10,045]

Serbia

Maternity rights

Maternity leave includes:

Pregnancy leave, which starts between 45 and 28 days before the due date and lasts for three months after the birth.

Childcare leave, which starts on the expiry of pregnancy leave.

Pregnancy leave and childcare leave jointly last 365 days and are fully compensated by the state. Employees are protected from termination during maternity leave.

[Unidentified 2,930]

58 minutes ago, PelagijaP said:

Hello. My K1 visa should be ready any time now. I had my interview, got 221g for additional document and now status changed to Issued on CEAC. 

 

I am 33 weeks pregnant and I am on a pregnancy leave. In my country by law I am to receive my full salary during both pregnancy and maternity leave since I am still employed.

I am wondering will it be ok if I continue to receive my maternity leave salary from my state onto my bank account after I go to the US? 

 

 

You need to ask in your country. But my guess is no. Most other benefits end once you are no longer a resident in your home country. 

[Unlockable 7,314]

I agree with others to check with the country's laws. My understanding is that it is not just about the person's employment, but also their residence. Keeping a person employed and a person leaving the company (either by quiting or changing national residency)  is two different things.

 

But again, we don't know what the laws are in Serbia. A company could very well fire her at will over there under those circumstances. I know there are a lot of Canadians that have situations where they lose the Canadian Provisional Health Care once they move to the US. Many Canadians thought they would keep the benefit. 

[NicoleS 189]

1 minute ago, USS_Voyager said:

I don't think that's the case. Say, vacation is a benefit. If I take 2 weeks vacation and decide to resign right after I finish my vacation, that is my right. There is nothing to force me to go back to work on that job. Forced labor equals to indentured servitude.

 

I agree, she needs to tell them she resigns AFTER her maternity leave. And that is the whole point, she is ON maternity leave, and they CANNOT fire her. They can fire her after she finishes her maternity leave (but not if she resigns first ^_^)

Ok, fine, they can't fire her.

 

However, I think her government will sort this out, because once her residency is no longer in that country, she will lose her maternity leave pay since it sounds like it's from the government (likely, as others have stated). I'm definitely all for paid maternity leave, it just seems like this is unlikely to sit well with the government (and her company, if they don't know). Even if the company doesn't know/care, the government isn't likely to continue payments after she gives up her residency in favour of US residency.