H1B Visa Status

[sachin2907]

I have H1b visa from October 2010 for a small start up which expires on September 2013.

Currently for personal reason if I try to take a unpaid leave (kind of a sabbatical) and go to India for minimum 6 months

Will my H1b status be still valid if I try to come back after 6 to 8 months , by that time I will have some months still left on my H1b

What are the rules and regulations in this type of a situation .

I would really appreciate you help

Thanks

[livliv]

I have H1b visa from October 2010 for a small start up which expires on September 2013.

Currently for personal reason if I try to take a unpaid leave (kind of a sabbatical) and go to India for minimum 6 months

Will my H1b status be still valid if I try to come back after 6 to 8 months , by that time I will have some months still left on my H1b

What are the rules and regulations in this type of a situation .

I would really appreciate you help

Thanks

For returning you will need evidence that the job still exists for you. Usually a current job resumption letter from the employer is sufficient.

[wiweq]

There would be no problem if you try to come back after 6 to 8 months. You should have a letter from your employer showing that you are still working with them. This letter should be dated within 2-3 weeks of reporting at POE. Of course, you should have approved I797 and other required documents to show at POE. Even if you have a week left on H1b, there would be no problem in entering because of this.

[Attorney_22]

Generally, an H1B Beneficiary is entitled to at least six years of H1B status within the U.S. This includes reclaiming any time spent outside of the U.S. within the total six years. Therefore, based on the limited information included above, as long as your employment with the H1B sponsor is still valid pursuant to the terms of the H1B petition and you have a valid H1B visa to reenter the U.S., your sabbatical should not interfere with your ability to reenter the U.S. and continue your H1B employment. You will need to obtain evidence of your continuing employment. If you have additional questions it is advisable to speak directly to a qualified U.S. immigration attorney.

[sachin2907]

Thank you very much for this first hand information this was a really good help and yes I do have other questions But I just wanted to know whether that is possible or not

Thank you