whether I have right to stay at U.S. when I get terminated during my medical leave?

R

redleave

Registered Users (C)
I work with TN visa. But I am currently on my medical leave period. I tried to go back work before my medical leave expires but my supervisor refused me. Right now I received a letter from my company saying that my position has been eliminated and my employment has been terminated.

Under my case, my question is:

I has been terminated during my medical leave, I am umployed now.Whether I still have legal right to stay in U.S. untill my health condition get recovered?

Thank you for the help!
 
I think your employer putted you in a very tough situation - medical leave. or perhaps you asked for it?
Almost any employer doesn't want to to hire anyone who had bad medical history - what do you think America is so desparate for health care reform?
If you used medical reason as an excuse to extend your stay, then you may be classified into EXCLUDED category upon your next entry. Reason? social burden.
I may be wrong, but you better reconsider if you want to use such excuse.
Good luck
 
You need to apply for a visitor b2 status with I-539. just like any other laid-off TN wishing to saty in US. You simply list this as the reason for the change of status.

All people in US, even sick ones, need a legal status.


Note that getting back to Canada will put you in line for UI, and free medical care. make sure you use COBRA until you are cobvered by Province. And cobra is being subsidized right now by federal, so don't miss out.


PLO, sickness is not a bar to entry in non-immigrant status. Applying for permanent residence does come with the need to pass a medical. But even HIV+ won't get you denied GC, and certainly won't get you denied entry.
 
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Well, cobra is thru your former employer.... I'll let you figure out the subsidy, and you can tell us... this is a community.
 
It seems I have two options, I either choose to stay in U.S. or choose to go back to Canada. I still want to verify two things:

1, If I want to stay at U.S as B2 status with I-539, could I apply for UI at the same time? or in the other word, If I choose to stay at U.S. with B2 status, it means I lose my right to claim UI, right?

2. If I want to claim UI, I have no choice but have to go back to Canada?

Thanks and please help!
 
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1. No, you cannot collect UI/EI in US
2. Correct.

The B-2 is really only for people who are confident that they will soon find another job, abnd don't wanrt the bother of returning to Canada for a month before returning to US. If you aren't going to work, just go back to canad within 2 weeks and begin collecting UI.
 
Thanks Nelson for such a thoughtful help.

I have two more questions:

1. If I decide to stay at U.S as B2 status with I-539, how long can I stay at u.s.?
2. Can I continue to claim my disability insurance with B2?

I assume it is must a new question to you...thank you in advance.
 
You stated that you were notified that your job was eliminated when you tried to return to work. If you are available to work - and collect UI, you are NOT disabled and no longer qualify for disabilty payments.

You have too many contradictions in your story. What was the original period of your medical leave? Was it maternity leave or for some other condition? What is the real situation?
 
My medical leave (depression) will last till middle of Dec. But my company sent me a letter last week stating that the company has decided to eliminat my position, so my emplyment with my company has been terminated. In the other words, they terminated me during my medical leave period.

In my case, my question is whether I can stay in u.s. with B2 but still claim my disability insurance?
 
You can still claim your disability insurance on B2, but check with theinsurer. You may even be entitled to claim it while in canada.

But don't try to claim UI and disability, as concerned4them said.
 
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