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need advice regarding short term disability while on H1B

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  • need advice regarding short term disability while on H1B

    Hello,
    I am a clnician working within a hospital setting, on an H1B visa. According to my employer, if my doctor has put me on certain work restrictions, that changes the nature of my work from the original job description that I was hired for. This change, when justified medically, is considered as a short term disability claim. This may be approved for a max of six months during which I shall be provided the required accomodation & work modification on medical grounds. However, after that if I am unable to return to full duty (without any work restrictions), I will be asked to stay home until I am.
    I understand this will affect my H1B visa status.
    Can somebody recommend if it's best for me to consider cos to F2 (since my husnband's on F1 right now - may go on an H1B by the time this issue arises in which case it will be H4) since this leave of absence may end up becoming unpaid. How easy or difficult will it be for me to return to H1 status from an F2 or H4? Will I have to leave the country for that change?
    I am also considering exploring other job opportunities (H1 transfer) where I will have a desk job (in the field of research/academia), and not have any physical restrictions.

  • #2
    Short Term disability during LOA is fine for immigration purposes. As far as what you do after you return to work if your employer cannot accommodate a desk job is a valid question. If you find a desk job during the STD, you can file for a H1b transfer and join them when you are fit for the job.

    There are no restrictions on returning to H1b from any status as long the held status is legal and the H1b period is left.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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