H1B and Long term disability

[shreykbhatt]

Jurisdiction

California

Summary:
I am on employer-approved long-term disability (LTD) under valid H-1B status (extended to 2028) and plan to undergo medically necessary surgery in the EU with a 6–7 month recovery period. I seek legal advice to ensure a smooth reentry to the U.S. post-surgery while still recovering. My care is tied to U.S. physicians due to limited expertise abroad, and I intend to maintain strong ties with my employer and return to work once recovered.

Questions:

1. Is long-term medical leave allowed under H-1B if the employer continues to approve and is well supported by the employer's policy?
   
   
2. Can CBP deny entry if I'm not immediately fit to resume work?
   
   
3. Is it advisable to carry a legal explanation letter at reentry? Can having company counsel or attorneys on call help if CBP questions arise?
   
   
4. Does my current strategy (U.S.-based care, employer ties, recovery intent) sound sufficient?
   

 

[army judge]

Does my current strategy (U.S.-based care, employer ties, recovery intent) sound sufficient?

If you depart the sovereignty of the borders of the USA (under an H1B visa these days you might NOT be readmitted), not withstanding your reason(s) for absenting yourself.

You might consider seeking the services of an attorney specializing in immigration and knowledgeable about immigration laws!!!!

Why?

If you choose to bet your life, future, and finances on information proffered by STRANGERS, there's no telling if you can successfully leave the USA to seek treatment in some unknown country to us, if the USA border officials will permit you to reenter the US at some date months in the future.

As regards your employment situation, don't leave the USA believing you'll be allowed reentry, while hundreds of thousands of other foreign nationals aren't being permitted to return to the USA.

The smart play is retain the services of a credentialed attorney, practicing immigration law here in the USA. Many such attorneys will give prospective clients a FREE, NO STRINGS ATTACHED, initial interview.

You'd be an idiot to pursue FREE legal information from internet STRANGERS, over retaining counsel you HIRE, using your funds!!!