H1B and Long term disability

shreykbhatt

New Member
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?
 
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 vise these days you might NOT be readmitted), not withstanding your reason(s) for absenting yourself.

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

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

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