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  • Employment based health insurance after EAD expired

    Hi,

    My husband accompanied me on a J-2 visa and got his first EAD last year without problems. Because of slow bureaucracy, our DS-2019s weren't extended in time, that's why he submitted his application for his new EAD about 2 weeks later then expected. So, now his current EAD may expire before he gets his new one (by about 2-3 weeks, hoping it will take 90 days at most and not longer). We understand that he must not work during that time and can be on unpaid leave. However, he has employment based health insurance. Will he not be covered during that time or will he be able to keep it while on unpaid leave?

    Thank you very much in advance for any help.

    Siniang

  • #2
    That is something his employer's HR department can answer. If they can't help, contact the insurance company directly.
    Thanks & Regards
    Insubuy
    Toll Free: (866) INSUBUY
    Local: (972) 985-4400
    Fax: (972) 767-4470
    Website: http://www.insubuy.com

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    • #3
      It's a small company (no real HR department) and a small insurance company - they most likely never had this situation before, but I will inquire with them. However, if someone here does know if it is a possibility (then we can work with our HR lady), that would be much appreciated.

      Also, just to double-check, is unpaid-leave enough? I just read somewhere that he must not be on any payroll in case USCIS checks and wants to see proof that he didn't work during the lapse between EADs? But I thought while on leave you still remain on the payroll?

      Thank you very much.

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      • #4
        employer insurance

        Since this is up to his employer then no one else will be able to answer. The premium still has to be paid to continue his coverage. Will the employer pay for the insurance even thou your husband is not working for them? only they can answer this question. They may allow the coverage to continue but have him pay the cost of the premium or it may lapse or they might just pay the premium as normal. anything is possible.
        This is my opinion not legal advice.

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        • #5
          Originally posted by samlynn View Post
          Since this is up to his employer then no one else will be able to answer. The premium still has to be paid to continue his coverage. Will the employer pay for the insurance even thou your husband is not working for them? only they can answer this question. They may allow the coverage to continue but have him pay the cost of the premium or it may lapse or they might just pay the premium as normal. anything is possible.
          Thank you. Ok, we can talk and discuss this with the employer, I just wasn't sure if this is legally possible.

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