Want to take break on H1B

[Bhandana]

Hi,

I am on H4 EAD now valid till 2022. I have H1B as well and completed 5yrs and have approved I-140. My H1B is expiring in Dec 2020. 

I want to take year break from work. If I take a break what will happen to my H1B. 

If I don't file for H1B Extension by end of DEC 2020 will I ever can come back to same H1B?

Thanks in advance

 

[User099]

You can take a break and when you want to start working, you can file a new cap exempt H1 petition and switch to H1 anytime. But why do you want to switch to H1 when you get more flexibility on H4 EAD?

[xTDx]

You can only have one status. You are either working on H4 Ead or on H1b , so which one is it ?  Moreover you cant choose to work on H4 ead one day and then the next day to work on H1b. Your status (H4 or H1b ) is dictated by your i94. 

20 hours ago, Bhandana said:

I am on H4 EAD now valid till 2022.

That means you are on H4 and H1b is not valid. Your H1b employer quite probably asked USCIS to withdraw the application as per H1b law.

[gopalakrishnach]

If I don't file for H1B Extension by end of DEC 2020 will I ever can come back to same H1B?  -- I guess Yes

I am shocked how can you be on H4 EAD amd H1B same time

I am on H4 EAD now valid till 2022 and My H1B is expiring in Dec 2020.

What is your current status you are maintaining

[Mav777]

As Previously mentioned your status is dictated by the I94. Whatever was last approved— h4 or h1b, is what your current status is. Sounds like the h4 was the latest, which means your h1b is already stopped, just having an old h1b stamp or i797 till dec 2020 doesn’t mean anything.

in the future an employer can file COS back to h1b for you irrespective whether you used 6 years or not since you have an approved I-140. It will be cap exempt. 

 

Edited January 10, 2020 by Mav777