Taking break on H1b and going back

[anurags]

My employer is currently in process of filing an extension for H1b as my current H1b will expire by July 2014; And I am planning to go back to India for a year to live with my parents and then come back after 2015 or 2016.

 

Now my employer will be fine with me quitting and may be rehiring on H1b if I want to come back in future; but my question is that what will happen to H1b? My extension, if approved, in April will be valid until 2016 and lets say I decide to quit the job and go back to India then will my employer will be able to stop the clock of H1b from running?

 

I just want to take a break for a year or so and travel with my family, my employer is fine with it, but I want to know the process which will take during that absence. Again

 

H1b extension is currently being filed

Once Approved it will H1b or I-797 will be valid until 2016

Planning to quit job in 2014 October and resume in 2016

Can employer stop the H1b and refile when I want to come back in 2016? I will still have 2 years remaining on H1 from total of 6 years.

 

What will this process entail?

 

Thanks for your input.

 

 

[pontevecchio]

You can reclaim the time spent outside.

[anurags]

You can reclaim the time spent outside.

Thanks - can you provide some input on the process from employer side, what attorney has to do when employees quits and leaves?

[pontevecchio]

Once you resign the company will revoke the H1 petition. Later on they  or any other H1 sponsor will file a non cap H1 petition and on approval you can come over with the H1 visa to start.

[vinu199]

anurags,

      I am also thinking in the same way now. I want to take some extended time off and live in India for a while. You can mail me at ***********@gmail.com and we can share info on this thing. Thanks.