Can the H-1B be canceled if I take maternity leave?

No. Taking maternity leave does not automatically cancel the H-1B. The visa is tied to the employment relationship with the sponsoring employer, and there is no rule that terminates it simply because the worker goes on leave provided for under company policy and labor law.

What matters for the status is the maintenance of the employment relationship. As long as the employer keeps the contract and the position for which the visa was granted, a regular leave of absence does not change that condition. Leave is a temporary absence within the employment, not the end of it.

• Leave taken within company policy and applicable law: generally does not affect status.
• The critical point is that the tie to the sponsoring employer remains active.
• A substantial interruption of employment or a material change in contract terms is what can affect the sponsorship.

If there is any doubt about how the leave applies to your situation, the path forward is to align with the company’s HR and legal teams and, if needed, verify updated guidance with the USCIS or with an immigration specialist, avoiding any promises of guaranteed outcomes.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.