Maternity Leave while waiting for AOS

[murrv 8]

Hi, Does anyone know if I can collect my Canadian maternity leave while I'm in the US waiting for my AOS? I read someone's post that working remote could cause problems with the visa, but does anyone know if collecting maternity leave would be ok?

 

Our original interview data was early April, we're still waiting to re-book but I'm not due until March 2021 so I'm hoping to get to the US by at least March of 2022 when my maternity leave would run out.

[Unlockable 7,314]

Unfortunately, you may not be able to do that. Hopefully the Canadian experts will chime in ( @Ontarkie and @NikLR ).  AOS means you are becoming a US resident. This means your Canadian health benefits are terminated. This is one of the biggest disadvantages Canadians face when coming to the US. 

 

There may be a way you can do it for the time being but I would be very sure about it first. 

Edited August 11, 2020 by Unlockable

[NikLR 13,227]

21 minutes ago, murrv said:

Hi, Does anyone know if I can collect my Canadian maternity leave while I'm in the US waiting for my AOS? I read someone's post that working remote could cause problems with the visa, but does anyone know if collecting maternity leave would be ok?

 

Our original interview data was early April, we're still waiting to re-book but I'm not due until March 2021 so I'm hoping to get to the US by at least March of 2022 when my maternity leave would run out.

Its possible because maternity is through EI and you dont have to be ready willing and able to work for maternity leave. 

[murrv 8]

It's fine from the Canadian side. It is through EI and there is no requirement to be in the country since I don't have to be ready to work. Canada will give me the maternity benefits. You are right though that after 6 months out of Canada I would lose my health benefits but the maternity leave is completely separate. I'm worried about while waiting for my AOS if the US will consider it income, since I know you're not supposed to work. I read someone's post that even working remote from a Canadian job is still considered income during that period so I'm wondering if there are any implications for collecting maternity leave.

[NikLR 13,227]

7 minutes ago, murrv said:

It's fine from the Canadian side. It is through EI and there is no requirement to be in the country since I don't have to be ready to work. Canada will give me the maternity benefits. You are right though that after 6 months out of Canada I would lose my health benefits but the maternity leave is completely separate. I'm worried about while waiting for my AOS if the US will consider it income, since I know you're not supposed to work. I read someone's post that even working remote from a Canadian job is still considered income during that period so I'm wondering if there are any implications for collecting maternity leave.

Its income but its not work. You're not allowed to work without ead. 

[Ontarkie 14,230]

1 hour ago, murrv said:

It's fine from the Canadian side. It is through EI and there is no requirement to be in the country since I don't have to be ready to work. Canada will give me the maternity benefits. You are right though that after 6 months out of Canada I would lose my health benefits but the maternity leave is completely separate. I'm worried about while waiting for my AOS if the US will consider it income, since I know you're not supposed to work. I read someone's post that even working remote from a Canadian job is still considered income during that period so I'm wondering if there are any implications for collecting maternity leave.

You can get your maternity leave. No issues there, since they don't require you to work they may not make you wait until you get your EAD. 

Just to correct for anyone reading this, you lost your Canadian health care the minute you activated your visa (unless you are form BC as they do pay for a month in advance). The 6 months out of Canada is for temporary stays abroad like the snowbirds do. Not when someone relocates. 

 

Adding a warning for any readers they do go after ppl who do use the system it may take them awhile but they do catch them. They are taking a zero tolerance stance on it.