{ "media_type": "text", "post_content": "A H1B colleague’s father in India was diagnosed with stage 4 cancer and is on chemo. He is concerned about when he should go visit because to return from India on an H1B he has to get his passport stamped and he hears there are long waiting lists to do that because government offices are still sporadically open due to COVID. And he is further concerned that if he gets stuck in India for a prolonged time, he would violate Firm policies about how long he can work outside his home office. Thoughts?", "post_id": "61ae9861a8fc4a003c1171b2", "reply_count": 16, "vote_count": 3, "bowl_id": "58f8108c753e990016608a0b", "bowl_name": "Desi Consultants" }

A H1B colleague’s father in India was diagnosed with stage 4 cancer and is on chemo. He is concerned about when he should go visit because to return from India on an H1B he has to get his passport stamped and he hears there are long waiting lists to do that because government offices are still sporadically open due to COVID. And he is further concerned that if he gets stuck in India for a prolonged time, he would violate Firm policies about how long he can work outside his home office. Thoughts?

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He should qualify for an emergency h1b appointment for visa stamping. Ask him to email the US Consulate in India and they can get him an appointment. He can send all medical documents, doctor’s note etc. He can combine his paid/unpaid leave to extend his time off.

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So there is a work around. I think the firm lawyers can show or provide a letter that they need him back in the US and they can expedite his appointment (don’t know the specifics but he can ask the lawyers). I know my firm lawyers were trying to do that when my dad contracted covid back in may and I was planning urgent travel (thankfully didn’t have to go). The firm should be able to help. Honestly, he should go asap.

They should talk to PD. I know colleagues who have worked longer than the allowed 20 days.

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Agreed, talk to PD. But also engage the firm’s attorney ASAP (don’t want to mention his name here for privacy). He is amazing, and will be straight with you on your options.

ZS1, McK policy is leave without pay, you’re not let go for visa issues unless it’s insolvable. There’s no time limit. Team him to go home OP, family is above all and the firm is incredibly supportive. Even if he doesn’t qualify for emergency appt the firm will wait for h him (albeit won’t get paid and might have to continue to pay utilities in US), no matter how long.

likeuplifting

He can legally be under unpaid using FMLA.

Praying for your friend and his family.

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Totally should travel. Talk to PD and legal to get support but should be ok. I travelled this year in April. Was struck in India for 4 months and was allowed to work remotely.The consulate situation right now is much better in India Firm is quite good in helping in these situations. Guessing your colleague is also at mck.

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He is. Thank you.

Fmla too.

Adding more context too. Was in same boat two years ago. There might be no time to work if he will be running around hospitals. I took fmla for 16 weeks. It took us two full time caregivers me and my mom to manage the work. Chemo is a lot. Praying for the family. ☹

OP, unfortunately I was late but what I did was to ask for a transfer and stay with my family for an year so that it can bring some Sanity in me and my family. I was single at that time so It was not a very life changing decision for me but trust me after one of my family member expired and till the day I reached home I just cursed myself for not doing enough for my family when they needed me the most. If that person can transfer to india and have slightest of chance to come back after an year or so, I would suggest to take the risk because otherwise not going in time will haunt him/her forever.

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