ds111 wrote:
> Hello!
> I am on 4.5 year in h1b status and got sick with serious medical
> condition on january of 2004. I have visa stampted till mid of 2005.
> After I got sick I went to india in january of 2004 for treatment and
> came back in april of 2004. I only got paid till end of jan of 2004.
> After I returned to USA my employer applied the long term disability and
> now I am getting paid 60% 0f my original pay from third party insurance
> company every month. Now my question is
> 1) Am I in status and if I
> become well can I change my job(H1 transfer) using disability pay stubs?
>
> 2) Since I still have valid visa stampted, Can I travel overseas for
> treatment and come back in few months?
> Please help me with your best
> knowledge, I will really appreciate with my heart.
> Thanks
>
>
You are not in status, since there is no likely date for your return to
employment, if ever. Since you're now out of status, a new employer
cannot do an H1B transfer. The only way to effect a transfer would be
to return to work with your original employer and resume your status.
You can depart the USA (and in fact, should depart) and can only return
with the existing H1B for the employer of record. If a new employer
files for a new H1B, you only need the approval for employment, you can
enter with the existing existing visa and new employment approval.
You can only re-enter if you can resume employment. |