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  #1 (permalink)  
Old 03-14-2007, 05:11 AM
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Default H1 Status and long term disability

Hello,

Today I was diagnosed with rare form of cancer which will require 6+ Month of in-patient treatment (Chronic myelogenous leukemia (CML) for the curious minds). My question is can I take leave of absence or should I apply for different catagory of visa? If I have to quit, will my insurance company still cover me?

Any guidance will be greately appriciated
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  #2 (permalink)  
Old 03-14-2007, 08:07 AM
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Default based on your employment benefits!

I am sorry to hear this; this is most difficult situation to handle.

You can get long term and continued health coverage benefits based on your company HR benefits.

No discriminations for resident align on long term disability but you need to talk to your provider to file a claim.

COBRA medical plan which will continue your existing medical plan for a year or year and half but you have to pay insurance premium.

Talk to your company HR to get more detail!
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  #3 (permalink)  
Old 03-14-2007, 09:58 AM
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Im not an expert in this, but my opinion for you is to stay put in the company. The company health insurance will pay for your expenses and you can take long leave of absence with full pay. Stay on their payroll. If you leave the company, your own private insurance will be too much to afford. So don't quit and fight it out. Best wishes for an early recovery.
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Old 03-14-2007, 01:31 PM
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Default I agree with Pappu

You can stay with your present company. The insurance company will pay for medical expenses (if there is no exclusion clause for your condition) and your company would also have Long Term Disability Insurance. This kind of insurance usually pays 80% - 100% of your pay during your illness. You will continue to be employed by your company (they cannot fire you for the sole reason of your medical condition) and your H1B status will be valid.

Good luck and wish you a full and speedy recovery.
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  #5 (permalink)  
Old 03-14-2007, 01:50 PM
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Default get well soon

Ankit,

Sorry to hear . i will pray god for your speady recovery. Hope everything will be fine. Everything will be fine. This are difficult situations to handle. keep in touch with your HR. They take care of the your medical and other expenses.

Hope for speady recovery.
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  #6 (permalink)  
Old 03-14-2007, 01:55 PM
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Ankit,

I am sorry to hear it. Best wishes as you make your decisions and I hope you get lots of support.
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  #7 (permalink)  
Old 03-14-2007, 06:41 PM
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Insurance does not care about your H1 Status...so stay put in the co to avail the insurance benefits.

Ensure that H1 status is maintained....thats a separate issue that you have to fight out with HR.

In many cos after 3 months or 6 months of disability, it is automatic termination. That does not affect the Insurance converage, (you continue to get the pay on disability if that was in your insurance plan) but you are no longer considered in the job. For you it raises another layer of complication as termination will mean H1 willl not be extended (or may even be revoked in extreme case).

So you have to ensure that your H1 is maintained. How many days are left on your H1?
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Old 03-14-2007, 11:44 PM
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Default Stay Put

Ankit,
My good wishes and prayers are with you. I am sure things will get better.
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Old 03-15-2007, 12:04 AM
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Default Best wishes

Hi Ankit,
I don't have any advice for your H1 case but I absolutely wish you the best as you battle your illness. Sorry to hear about your situation.
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  #10 (permalink)  
Old 03-15-2007, 12:11 AM
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Ankit,

Since you are going for in patient care, you can avail sick leave and some unpaid leave. The long term disability insurance will cover the living expenses as for Medical expenses since you will still be on the payroll it will all
be covered by medical insurance company.
Bottom line is stay with your current company. Also, remember you cannot be terminated becasue of this absence of leave that you will be taking for the treatment. This will let you keep the job as long as needed and provide you with medical insurance coverage as well. Inform your company in writing (email to HR/Manager/Director etc) as soon as possible so that you can use that as a written evidence (if needed). From that point on your job is pretty much secure for the duration of treatment as long as company is in business.

In my opinion sign up for pre-paid legal just in case you need to take more legal advice in the labor laws. Also, do not worry about visa (these are last things you should worry about) etc all you need is to be on payroll. I am sure your company will not make any attempt to put you out of payrolls as that will open them to a law suit that they will never win.

I hope for a speedy recovery for you. Our preyers are with you !!!

Last edited by Canadian_Dream; 03-15-2007 at 12:15 AM.
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  #11 (permalink)  
Old 03-15-2007, 12:12 AM
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Default How about Social Security?

I am sorry to hear this and I wish you a speedy recovery. I also want to raise a question to any members who are aware of the laws of the land. Does social security disability cover this? Medicare / Medicaid? I know we all pay into the system. Shouldnt there be a way to benefit from it?

Get well soon!
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  #12 (permalink)  
Old 03-15-2007, 12:23 AM
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Ankit,
Check the state disablity insurance policy for the state where you reside. The policy varies from state to state. Let us know the your state and we will dig on the internet and post relevant links. For California here is the link:

http://www.edd.ca.gov/direp/difaq.htm#Eligibility
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  #13 (permalink)  
Old 04-05-2007, 05:30 PM
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Default

Guys,

It's curtains for me. my cancer is in blast stage and survival rate in this stage is 15% for 1 years so I am heading home.

I wanted to thank all of you for all the guidance and concerns you showed and I will also like to wish you good luck with your ongoing struggle.

So long
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  #14 (permalink)  
Old 04-05-2007, 05:36 PM
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Hi Ankit
I am sorry to hear this, I wish you a speedy recovery
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  #15 (permalink)  
Old 04-05-2007, 05:42 PM
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Ankit:

I am very sorry to hear about your case. Please post any special needs that you have. I am sure one of us could help. Also if you mention your State, then the people in your State maybe able to help.

I am in Michigan, if there is any way I can be of help, please send a PM.

May Jesus heal you from this infirmity..
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