Break from Job on H1B

[h1visa_stamping]

Hello- Need advice and suggestions for below  questions:

1) I am planning to take a Break from job and wanted to go to India for year or so to work on my start up. My employer is OK to give me long break and not revoking my H1B which is valid till end of 2020. So wanted to check by law and rules Can I take a break and travel to India ?

If Yes then while coming if they ask on Port of Entry why you came after so long from India or what is your client ? What should be the answer. As I have to find or you can say my employer will place me at their client side once I am back in US.

[pontevecchio]

1. You can take a break. The employer NEEDS to revoke the approved H1 petition. Once you are ready to return, he can file as non cap H1 Petition and on approval you can return with the H1 visa.

2. If you say this, you will be sent back. You will need an actual job to return to with proof.