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Taking a break in H1B

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  • Taking a break in H1B

    Hello Experts,

    I am currently working as a full-time employee at a company that has NO branches anywhere. I want to take a break for a year and come back to US after a year due to some personal reasons. I am sure my existing company will NOT let me work from India for that span. I am on my 5th year of my first H1B visa and I also have my I-140 approved from my previous employer.

    1) Since I will not be tied to any employer during this time period, I am sure I will be out of status. Is there any other possibility to retain my status and call it a long leave?
    2) Assuming I change my current job to a different employer who is willing to send me off for a break without any pay, does he have to run payroll? Will it enough if I get a letter stating "I am granted 1 year of unpaid vacation for a year due to personal reasons?" I have to appear for a VISA stamping. In this case, will that letter be sufficient to allow me back?

    Could you please suggest me some good options?

    Thank you !!

  • #2
    1) Since I will not be tied to any employer during this time period, I am sure I will be out of status. Is there any other possibility to retain my status and call it a long leave?
    >>> You won't be out of status when you are not in U.S. Actually you won't be in any status. USCIS doesn't care what you do outside U.S. If the same employer want to hire you back after one year, they can.

    2) Assuming I change my current job to a different employer who is willing to send me off for a break without any pay, does he have to run payroll? Will it enough if I get a letter stating "I am granted 1 year of unpaid vacation for a year due to personal reasons?" I have to appear for a VISA stamping. In this case, will that letter be sufficient to allow me back?
    >>> You do not need any of that. If you are planning to not work for another 1 year, then that can be questioned when you attend the visa stamping after a year or while a new H1B petition is filed. The employer might have to clarify why they are hiring someone who is out of job experience for more than a year as H1B is for specialty occupation.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks for your reply !!
      I am planning to pursue IT related courses back in India during that timeframe, so i will not indulge in any other business. If I provide the certifications or course completion certificate, can those documents be accepted during visa stamping?

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      • #4
        Yes, as long as that knowledge is required for the job.

        Originally posted by gangadharan View Post
        Thanks for your reply !!
        I am planning to pursue IT related courses back in India during that timeframe, so i will not indulge in any other business. If I provide the certifications or course completion certificate, can those documents be accepted during visa stamping?
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Nice, thanks for your input !! Highly appreciate it

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