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Exhausted and sick - can I take medical leave on H1-B?

Exhausted and sick - can I take medical leave on H1-B?

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Old Mar 18th 2015, 5:50 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by 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.
Ok, are you getting exercise? A good brisk walk every day might help.
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Old Mar 18th 2015, 6:15 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Yeah, it's one of those annoying things. I end up getting really stressed out about doing stuff like exercising instead of just doing it. I definitely am going to start though!
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Old Mar 18th 2015, 6:16 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by 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.
Don't really follow your reasoning there. You could certainly have taken that route had you wished to, it doesn't mean the US should just have handed you a green card.
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Old Mar 18th 2015, 7:47 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by Sally Redux
Don't really follow your reasoning there. You could certainly have taken that route had you wished to, it doesn't mean the US should just have handed you a green card.
Sorry, I know it's silly. It's just going through the J1-> F1 -> OPT->H1-B and in the end you have nothing. The time I've spent building my career is worth zero to US immigration. I could have just gotten married and that would be worth more. Even if it had failed, I'd have the green card.
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Old Mar 18th 2015, 7:49 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

They are all non immigrant status's.

Depends on your end game I suppose.
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Old Mar 18th 2015, 7:55 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

I know. You guys are right. I knew the rules when I signed up for them. Just feel like a bit of a failure. However, I'm going to try and stay positive.

Can I ask though: could I possibly switch to F-1 status while looking for a job? And then switch back to the H1-B?
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Old Mar 18th 2015, 7:57 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

B maybe but F requires I 20 etc etc.
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Old Mar 18th 2015, 8:07 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by ReallyTired
I know. You guys are right. I knew the rules when I signed up for them. Just feel like a bit of a failure. However, I'm going to try and stay positive.

Can I ask though: could I possibly switch to F-1 status while looking for a job? And then switch back to the H1-B?
The employer is obliged to notify USCIS when there are changes in your employment and this results the petition being revoked. I don't believe it can then be resurrected. This is what happened to my OH - he was unable to use his number again on another petition. Whether they do notify them is another matter.
Good luck.
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Old Mar 18th 2015, 8:14 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Damn? So once I go out of status on this H1-B, the visa is done? I thought that it could be resurrected on another petition within the 3 years?
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Old Mar 18th 2015, 8:21 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by ReallyTired
Damn? So once I go out of status on this H1-B, the visa is done? I thought that it could be resurrected on another petition within the 3 years?
You can transfer a H1B visa, but there are stipulations about how that works.

You could do a change of status to B2, to give yourself time to settle affairs, perhaps.
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Old Mar 18th 2015, 8:23 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

You know something, I've never thought about a B visa before! I always think of it as a tourist visa. I could do a short course as long it's less than 18 hours a week. Can I ask - does anyone know if a course like this would qualify:

https://generalassemb.ly/education/b...eb-development

Because it's only $4000 and it would be awesome! But again - I would need to go back to my H1-B after the course is done. I have enough money to survive until then. Please tell me it would still be valid! Because if so I'm handing my notice in next week!!!!!
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Old Mar 18th 2015, 8:27 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by ReallyTired
Because if so I'm handing my notice in next week!!!!!
What happened to asking for leave, as you said you wished to do in your initial post -- you aren't even going to give that a try? Why are you suddenly rushing into ditching your job?
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Old Mar 18th 2015, 8:29 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by ReallyTired
Damn? So once I go out of status on this H1-B, the visa is done? I thought that it could be resurrected on another petition within the 3 years?
If it is revoked then it can no longer be used. The employer may not revoke it and just leave it to lapse.

Memory is a bit vague now but I think to do the transfer (new application) OH had to provide the last three paystubs to show existing H1B status and apply within approx. 30 days of finishing employment (the time period may have been his lawyer's guideline, not official). It was at this point that his lawyer notified OH that the previous employer (a mean cantankerous old bastard) had canx the petition. OH then did a COS to B2 status and applied for an O-1.

Last edited by Orangepants; Mar 18th 2015 at 8:35 am.
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Old Mar 18th 2015, 8:32 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by Nutmegger
What happened to asking for leave, as you said you wished to do in your initial post -- you aren't even going to give that a try? Why are you suddenly rushing into ditching your job?
I know - sorry got a bit overexcited! The suckiest part of an H1-B and hating your job is that you know leaving = deportation. If I can really switch short term to a B visa then at least I know that's possible no matter what they say to leave.
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Old Mar 18th 2015, 8:39 am
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Default Re: Exhausted and sick - can I take medical leave on H1-B?

Originally Posted by ReallyTired
I know - sorry got a bit overexcited! The suckiest part of an H1-B and hating your job is that you know leaving = deportation. If I can really switch short term to a B visa then at least I know that's possible no matter what they say to leave.
OK -- you didn't say previously that you hated the job, and that was the root of the problem! But even so, if you could get a leave, it would enable you to get the feelers out for a replacement position.
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