Taking break in H1B and coming back

[Dipali@VA]

I am posting this for my friend, she is in 12th year in US on H1B status, current H1B is valid till 2024 November, has I-140 approved from previous employer(the employer has closed the company and but the I-140 has not been revoked). She has health issues and needs to take treatment for a year. Can she take a break from H1, move to H4 status, and resume on H1 after a year? If she finds a new H1B sponsor employer can the employer use old employer's I-140 to file H1 and new Green Card using the priority date? If this is risky, what could be another way of taking a 1 year break?

 

[Attorney_20]

Yes there is generally no problem with switching to H4 and returning to H1B at a later time. If her priority date becomes final action current for 12 consecutive months and she doesn't apply for the green card, she may lose her ability to get H1B extensions beyond the 6 year limit.

[Dipali@VA]

Thanks, that helps. Here is the current situation, could anyone provide any inputs:

The H1 extension is filed in premium processing, but the 15th working day from receipt of the application by USCIS is falling after current I-94 expiry. If the H1 extension gets RFE, then can the H1 to H4 COS(based on spouse-approved H1) be filed after I-94 expiry stating that H1 extension was filed on time before I-94 expiry? Is there any risk in applying such COS application after I-94 expiry in long term?