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Taking a year long break to travel - How to deal with H1?

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  • Taking a year long break to travel - How to deal with H1?

    Hello guys. I possibly have a weird question here. A quick search did not turn up anything, so I'm hoping one of you will have a solution for me.

    I'd like to take a break for a year to travel and then come back to the US again. The company I'm working with is okay with sponsoring a new H1 a year later for me. I however, don't want to do this because it means going through the lottery system again and having a 50-50 chance of getting back. Is there a way to keep my H1 active for a while, travel and come back on the same H1? Some way for my company to keep me as a legal employee without paying me while I take a vacation?

    Thanks,
    Teja

  • #2
    Originally posted by tejaswiyvs View Post
    Hello guys. I possibly have a weird question here. A quick search did not turn up anything, so I'm hoping one of you will have a solution for me.

    I'd like to take a break for a year to travel and then come back to the US again. The company I'm working with is okay with sponsoring a new H1 a year later for me. I however, don't want to do this because it means going through the lottery system again and having a 50-50 chance of getting back. Is there a way to keep my H1 active for a while, travel and come back on the same H1? Some way for my company to keep me as a legal employee without paying me while I take a vacation?

    Thanks,
    Teja
    Why would you need a new petition? How long have you spent in US on H1? Please also provide more details, when was H1 filed, when was it approved, what is the expiry date on the visa and petition?

    If you have not exhausted 6 Years on a H1 petition, then you can always extend it and you would be cap exempt within 6 Years of last held H1 status.

    This is my opinion not legal advice.

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    • #3
      Originally posted by raghvi View Post
      Why would you need a new petition? How long have you spent in US on H1? Please also provide more details, when was H1 filed, when was it approved, what is the expiry date on the visa and petition?

      If you have not exhausted 6 Years on a H1 petition, then you can always extend it and you would be cap exempt within 6 Years of last held H1 status.

      This is my opinion not legal advice.
      Hi Raghvi, thanks for the response.

      My H1 is about 4 years and 3 months in - Applied Nov / Dev 2009 - Officially started on Feb 2010, Been with the same company since. My current H1 expires Feb 2015, but I could possibly get it renewed till Feb 2016 before leaving. I'm not quite sure how the extension you mentioned works, or what my company has to do to extend it. Can you give me some more detail?
      Last edited by tejaswiyvs; 06-12-2014, 08:00 PM.

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      • #4
        Please also provide more details, what is the expiry date on the visa and petition?

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        • #5
          Assuming your stamped visa in your passport is valid till Feb 2015 as well as the I797 is till Feb 2015, if you take a break and leave US for 1 Year in order to return back after 1 Year you would need an extended petition (I797) and using that you can attend a new visa stamping at the time of return.

          Whats the plan of GC? Is your employer interested in filing it?

          This is my opinion not legal advice.

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