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kumar860

H1b extension - Major Surgery

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Hello All,

 I am on H1b with I-140 approved and working as IT Consultant on EVVC model.Current H1b (I-94) expires - Aug 2020.Working with current employer from last 5 years.Recently am diagnosed with major health issue(Heart) which requires Open Chest Surgery in next 8-12months.Can I be on unpaid leave for 3 months post surgery under FMLA act or under short term disability(Not sure if my employer provides Short Term Disability or leave under FMLA Act)

What are my options for Leave, Surgery and H1b extension and what do you all suggest ?

What if I am in hospital in USA for Surgery or in a recovery period (2-3 months post surgery) during my H1b extension period(Aug 2020).Any ways to get extension(Special Case) by submitting doctor certificate and assuming I will be out of project as Client cannot wait for 3 months.

Is it better to change Client now and apply H1b amendment so that I won’t have to apply for H1extension during Surgery period.Assuming I will get H1b amendment with for 3 yrs with new I -94.

Is it better to go to Home Country(India) for Surgery and come back after recovery from Surgery.But to comeback to USA, I won’t be in a Project and My employer will have difficulties in filing my H1b extension  or I may have to find new contract role and then file H1b extension or I may have to find new job and transfer H1b.

Thank You

Edited by kumar860

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Sorry to hear about your issue. All I can say is talk to an attorney to be 100% sure about the short term disability. Wish you all the best! 

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