Can we apply for H1 extension while being in short term disability leave

[sree durga]

My H1 b expires on September 30th 2019 and this is my 2nd H1 b visa. I have an approved I140 so I am eligible to file for H1 extension on April 2019.

But the issue is I am going on Short term disability because of my complication in my pregnancy. I am due on June 2019. But currently I am on bed rest so doctor asked to be on bed rest until I deliver. And doctor gave letter about the same.

So as per discussion with my Attorney and HR, I have below options to file for H1 extension.

1. Apply for disability immediately and get the paychecks for(60% from my California govt EDD +  40% timeo off) until my paid time off from the company is exhausted (may approximately run for 50 days) and apply for h1b extension. (We are little concerned how things work out for H1 extension while being in short term disability leave)
2. Apply for extension once I am back to office after my delivery once I am back to normal(in a perfect world, this might be July end). So I will be having August pay checks before filing for H1 extension in early september.

From the immigration viewpoint and the latest immigration rules, can you advice me the best option. I am pondering over them but I am not able to substantially fix my decision on one

Thanks in advance!!

[Provence]

You have doubts about relying on professional advice from your Attorney and HR?  It is their job to be aware of the law, more so than volunteers on a public forum. 

[sree durga]

On 2/24/2019 at 6:51 PM, Provence said:

You have doubts about relying on professional advice from your Attorney and HR?  It is their job to be aware of the law, more so than volunteers on a public forum. 

Hi Provence, what do you mean you dont rely. Did you read my question properly? Between the two options I have, I have to pick one. My HR and attorney asked me to pick one. Also, if people go by your logic, we dont need law firm. Please answer if you can otherwise let the subject matter experts or people who have gone through the same situation comment. It is better to be sensitive to people needs that be arrogant of what we know. Hope you understand!!