Impact of Taking a Long Break While on H-1B

Question details

I'm an Indian citizen on an H1B Visa. I'm an engineer. My Green Card is being processed and my I-140 . Being an EB-2 category I"m assuming that it is going to take anywhere between 5-8 years before I get my green card. The Situation: I'm planning on taking a work break for about 6 months to 1 year and do a few things that I've wanted to do but have been pushing indefinitely (like volunteering with a non-profit, spending time with my family, exploring options to start my own startup etc). I'm assuming there are 2 scenarios here - 1. My company gives me a sabbatical leave - I can leave the country for a year and come back and rejoin them. 2. My company refuses a sabbatical and I have to quit - In this scenario, I'm not sure what I should do in order to be able to come back after my break and still be able to work for any company? I would really appreciate your insights on this situation and would be glad to accept any pointers from you to research this further.

ANSWER

Watch the Video on this FAQ: Impact of taking a long break while on H-1B

Video Transcript

First of all, a leave that long would not maintain your H-1 status. Maybe a few weeks is ok. You can over the six years file for another H-1 without any quota issue and come right back to the US on that H-1 after getting a visa stamp. So I don't see any problem getting back on to H-1. If you want to remain in the USA you have a problem. But if you want to go outside the USA no issue. Worse case scenario, they can revoke your H-1, you can just reapply. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.





Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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