ReallyTired

Hi,

I've done all the right things supposedly (degree, visa) and am now on my H1-B in the US. Unfortunately, I am basically not in a good place mentally. Anxiety is out of control, other potentially serious medical problems are rearing their heads and am feeling overwhelmed and like I just want to quit my job and run home.

Trying to take control of the situation and ask them for short term (possibly in patient) medical leave. Would I still be in status on my H1-B? Does it matter if the leave is paid or unpaid?

ian-mstm

AFAIK, as long as you are still a bona fide employee of the sponsoring company, you remain in H-1B status. Whether you're on leave or not is irrelevant. Whether such leave is paid or unpaid is irrelevant.

Honestly though, if you're at the point where you want to quit and go home... then perhaps that's the best solution - because even if you take a temporary leave of absence, you're going to have to go back at some point... and that doesn't seem too good for your health.

Ian

scrubbedexpat099

I thought you could not bench H1b without pay?

NatashaB

I would tread carefully with this. Not because it would necessarily cause an issue with your visa (I'm not an expert on that one) but companies here have a pretty low tolerance for employees out on long term sick leave. If we're off for 12 weeks and there's no sign of the issue improving then you will most likely get laid off, at the company I work at.

ReallyTired

Just can't believe after going through all of that to get a visa... Also the US feels so much like my home than the UK :-( I could have married and divorced a starter husband i didn't love and gotten a green card by now instead of going the work route. Love the US but the immigration system is awful.

ReallyTired

Honestly, I would prefer it if we could work out mutually acceptable terms to leave with some time to find another job. I am hoping to find another job in the interim but I need some time off in between to deal with my health. I think a month would be fine.

NatashaB

I don't think you can be 'between jobs' on an H1b visa, can you?

scrubbedexpat099

You can do a transfer but would need a job to go to.

sir_eccles

Are you seeing a therapist? Talking to strangers on the internet can help but it is no substitute for a trained therapist (talk and/or prescribing).

SanDiegogirl

How long have you been in your current job? This will have some influence on how your request for sick leave will be received.

If only for a short time (say 6 months or less) you might find little sympathy for your situation. If a long term employee with a good work record the response will be more generous.

ReallyTired

I was hoping I could get another job and then start 30 days later (I assumed I wouldn't be out of status as long as the new H1-B is filed due to portability rules).

ReallyTired

Yes, and the newly prescribed medication is helping but also adjusting to it is part of the problem. I feel like everything is very unstable and it is just too much.

Almost 2 years. But the last month or so have not been great.

If I were to leave the country, could I come back on my current H1-B number or would they have to file a fresh application?

Michael

Back in the late '90s I worked with an Indian fellow on a H1-B visa that had previously used all his PTO and wanted to go back to India for 6 weeks to get married and the company authorized 6 weeks unpaid leave for that.

Nutmegger

In your initial post you didn't say that it was the job that is causing your stress problems. Is that the case? If not, jumping to another job is surely going to add more stress than it alleviates -- starting again from scratch with a new company is always tough, but when there are the visa niceties to work out, too, that adds another layer.

ReallyTired

Hmm, they may not go for it. But I have to try. That and get a new job asap.