H1B and long term disability

[shreykbhatt]

Summary:
I am on employer-approved long-term disability (LTD) under valid H-1B status (extended to 2028) and plan to undergo medically necessary surgery in the EU with a 6–7 month recovery period. I seek legal advice to ensure a smooth reentry to the U.S. post-surgery while still recovering. My care is tied to U.S. physicians due to limited expertise abroad, and I intend to maintain strong ties with my employer and return to work once recovered.

Questions:

1. Is long-term medical leave allowed under H-1B if the employer continues to approve and is well supported by the employer's policy?
   
   
2. Can CBP deny entry if I’m not immediately fit to resume work?
   
   
3. Is it advisable to carry a legal explanation letter at reentry? Can having company counsel or attorneys on call help if CBP questions arise?
   
   
4. Does my current strategy (U.S.-based care, employer ties, recovery intent) sound sufficient?
   

 

[AlmostThere]

With the current political environment and general hostilities towards immigrants, I would speak to a lawyer, and realize that what is legal today may not be legal tomorrow.

Taking all of that into consideration, I am sorry that you need surgery, hope you heal well and can return to the US with a minimum of disruption.