A U.S.-based Indian IT professional on H-1B since 2018 is on extended medical leave. The job is still ongoing, the firm has provided extended support, and the visa is also valid through 2028.
Now, there is an appointment for major surgery abroad, followed by 6 to 8 months of recovery. The million-dollar question? What do you do at visa stamping or returning to the U.S. when you’re not technically cleared to work yet?.
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Unpaid medical leave on a long-term basis is acceptable under H-1B, as long as it is officially approved by the employer. There is no time limit under the statute for being on leave—though it must be valid and well-documented.
The problem arises with reentry. U.S. border officials can ask you whether you’re working or whether the job still exists. And if you say you’re on leave, they can ask whether the leave is real or a ruse for something else.
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But if the company knows, has provided written permission, and is continuing to sponsor your H-1B status, that’s a very solid situation. People have returned to the U.S. under those conditions without incident—since everything was open and above board.
It’s a great help to have company lawyers waiting in the wings. Most officers don’t give trouble if papers balance, and the company is supporting you.
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It all comes down to clarity. A signed letter from HR, explaining the medical leave, the recovery period, and your desire to resume work, assists in showing that there is no desire to abuse the visa.
This is not a typical situation, but it isn’t unusual either. With good support and clear documentation, there is no reason that anything should go wrong.
