NEED ADVICE REGARDING TAKING A BREAK ON H1B


pandu_123

Recommended Posts

Hi All

I want to take a break and go to India since I need to address a health issue which has been bothering for long time.
My H1B is valid until Sep 2018(Stamped). I recently( 1 1/2 month ago ) changed a job and my Employer will file my amendment in other couple of days.
My I140 was approved on Jan 5 2017.

Can I take a break and go to India for about 6-7 months and come back??
what is the maximum time you can be in India on H1B.

I have couple of scenarios in my mind

SCENARIO 1
If My Employer doesn't revoke my H1B and allows me to go to India can I comeback successfully to USA.
Will be there be any questions at Port Of Entry.Do I need to wait until my amendment is approved or can I come back while that is in process??
Do I need to find a new job ,file a new amendment and come back since the current client is not going to wait for me that long.

SCENARIO 2
If My Employer revokes my H1B. Can I find a new Employer and transfer my revoked H1B?? Will I fall into lottery category or not?? Also 
Do I need to wait until long time as the regular first time H1B's or can I come immediately.

SCENARIO 3
Will try to find a job in INDIA with big companies like TCS,Infosys,Wipro and will they be able to take my H1B??


Thanks In Advance

Link to comment

When you are outside the US, you are by definition not on H1, nor any other status.

If you stay abroad for long, you may need to show that the job still exists when you return.

And a new employer can of course file a cap-exempt H1 for you at any time, as long as you haven't used the whole 6 years.

Oh, and an employer is required by law to inform USCIS if the person on H1 is no longer working there. There is no "if". When you quit, the employer absolutely has to inform USCIS. But that is irrelevant for you.

 

 

Link to comment

Archived

This topic is now archived and is closed to further replies.