disability

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disabledme

Registered Users (C)
Hi friends

I'm in same situation as Aurovil, i got disabled by stroke in aug'07 and got approved for disability in feb'08, but I returned to work after cancelling my long term disabilty(LTD) benefits to keep my kid in school and retain the visa for i485 which i filed in aug'07, my manager helped me to work from home and protected me from all kind of issues, however I have to visit office atleast twice a week, as days roled my health was not improving and I have to take a decision to quit my job(i was consultant for the company and my h1b holder is my actual employer) and reapply for LTD, my long term disability was approved last month from Lincoln financial for five years initially, as LTD is approved my employer want to terminate me according to their company rules, soon they will do it, if i'm out of work i have to return to India soon or once my 485(it is in initial review stage now pd-nov'04; rd i485 27 aug'07) is denied, if I return to India and stay more than a year Lincoln will stop the benefits after 1 year according to there terms, i have to stay in US atleast for 5 yrs to get benefits.

Please clarify following things

1. what happens to my 485 app if my employer terminate me?
2. Is there any other options?

thanks
 
Did you think about the possibility of transfering to consular processing?
Another issue that may arise is USCIS think that because of your health you may become a "burden" on the system. They don't want us to become public charge
 
First of all - my thoughts and prayers are with you, I hope you get better soon.

In practical terms, you are in legal status till a decision is made on your I-485 case. Unless you get an RFE, or your employer notifies USCIS, you are eligible to stay on in the US as an adjustee. If the other factors in your life permit it (like financial issues, health care coverage etc.), you can stay on.

If you do get an rfe, you are eligible for AC-21, but you would have to show a permanent job offer from an eligible US employer. If you are not working, that would be an issue.

CP would not be an option for you, because there is always an interview, and you would have to show current job offer, and AC-21 would not apply - besides, I think the basis of your question is more about retaining your LTD benefits.

Not sure what would be a good solution for you.

You can write to Lincoln and explain your specific situation - ask if they have a special review board or something. I am sure their "off the top" answer relates to people claiming disability and going to a beach resort in Mexico... not someone with your unique situation. However, you would definitely lose any shot at the green card if they approve sending payments to India.

Good luck, and let us know how things turn out.
 
thanks guys,

I'm just waiting for the 485 outcome which is in initial process already (filing date 21st sep 07), thinking of doing anything after its result, until then just going to stay in LTD which is already approved and enough to live in US for now
 
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