Taking hiatus/sabbatical in 7th year of H-1B


karma86

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I'm entering my 6th year of H-1B  and my employer is going to file for a 3-year extension because I have an approved I-140 (EB2 India, Jan 2012 PD). Once I start my 7th year, I want to take a 8 month hiatus from work and just travel outside the US.

 

Assuming my employer approves the hiatus:

1. Would I be able to return on the same H-1B?

2. If not, would I be able file for a new H-1B? Would I be cap-exempt? And would I get the remainder of my 3 year extension as the valid term?

 

Assuming my employer denies the hiatus but I quit and still go on my vacation:

1. Would I be able to transfer the H-1B to a new employer when I come back after 8 months?

2. If not, would I be able file for a new H-1B? Would I be cap-exempt? And would I get the remainder of my 3 year extension as the valid term?

 

Thanks in advance!

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I'm entering my 6th year of H-1B  and my employer is going to file for a 3-year extension because I have an approved I-140 (EB2 India, Jan 2012 PD). Once I start my 7th year, I want to take a 8 month hiatus from work and just travel outside the US.

 

Assuming my employer approves the hiatus:

1. Would I be able to return on the same H-1B?

2. If not, would I be able file for a new H-1B? Would I be cap-exempt? And would I get the remainder of my 3 year extension as the valid term?

 

Assuming my employer denies the hiatus but I quit and still go on my vacation:

1. Would I be able to transfer the H-1B to a new employer when I come back after 8 months?

2. If not, would I be able file for a new H-1B? Would I be cap-exempt? And would I get the remainder of my 3 year extension as the valid term?

 

Thanks in advance!

1. Yes, as longer as employer does nt revoke H1B petition.

2. Refer 1. 

 

1. Yes, if your H1B extension for 3 years was approved based on approved I-140.

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  • 2 months later...

Thanks jairichi. Can you, or anyone else please re-confirm the following:

 

If I quit my job in 7th year of H-1B, travel abroad for 8 months, and then come back to work in the US on a new H-1B --- Will I be able to regain the remaining portion of my 3-year H-1B extension? Will I not be forced to stay outside the US for 1 full year and apply fresh with cap restrictions?

 

The answer to this question is critical to whether I can undertake this hiatus or not.

Thank you so much.

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Thanks jairichi. Can you, or anyone else please re-confirm the following:

 

If I quit my job in 7th year of H-1B, travel abroad for 8 months, and then come back to work in the US on a new H-1B --- Will I be able to regain the remaining portion of my 3-year H-1B extension? Will I not be forced to stay outside the US for 1 full year and apply fresh with cap restrictions?

 

The answer to this question is critical to whether I can undertake this hiatus or not.

Thank you so much.

Based on approved I-140 you are eligible for extensions. Only when it is revoked you need to spend a year outside US before a cap subject H1B petition can be filed to get new 6 years.

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Thanks jairichi.

 

Because I will be quitting my job, my employer will notify USCIS that employment has ended and my H-1B petition will be revoked by USCIS. Therefore, what I need to know is - will I be able to apply for a "fresh/new" cap-exempt H-1B petition (not an extension) after I come back from my travels, with the same/different employer. Assume that the I-140 will not revoked during this time.

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Thanks jairichi.

 

Because I will be quitting my job, my employer will notify USCIS that employment has ended and my H-1B petition will be revoked by USCIS. Therefore, what I need to know is - will I be able to apply for a "fresh/new" cap-exempt H-1B petition (not an extension) after I come back from my travels, with the same/different employer. Assume that the I-140 will not revoked during this time.

A H1B extension is nothing but a cap exempt H1B petition.

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Thank you so much Jairichi. I just found a USCIS memo that clarifies AC21 to the same conclusion:

 
"Though both provisions of AC21 use the term “extension of stay,” eligibility for the exemptions is not restricted solely to 
requests for extensions of stay while in the United States. Aliens who are eligible for the 7th year 
extension may be granted an extension of stay regardless of whether they are currently in the 
United States or abroad and regardless of whether they currently hold H-1B status."
 
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