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seige
07-30-2012, 01:28 PM
In April this year, I decided to quit my job in SFO and move back to India. My employer suggested that instead of quitting now, I should take a vacation, spend a few months in India and if I don't like it, I can return back on the same visa and then they will give me another 15-20 days after I am back to find a new job. They have been basically very supportive and haven't cancelled my h1b. I am still on their payroll but since I am in India, I am on an unpaid leave.

Now after spending 3 months in India, its not working out and I want to return to USA. As far as I understand, I can return on the same visa. But after returning, I will need some time to find a new job and then the time for transfer of h1b. During that time, I will stay an employee of my current employer and they will have to keep me on active payroll and pay me wages.

I wanted to check if there could be a problem in this process. Also, is there a way that my current employer can keep my h1-b visa active without paying me for my time in US while I am finding a new job + time taken for h1b transfer ? They have been very supportive and I would like to return back and find a job but somehow prevent them paying me for the 1 month that I would need to get a new job. Is it possible?

Please advice on the following 2 things:

Is it going to be an issue on staying out of US for 3-4 months on H1-B ?
After coming back, is there a way to prevent my current employer to pay me wages till I find a new job. Essentially, can I get an unpaid leave on my work visa while I am in US?

vtm0904
07-31-2012, 04:20 PM
Yes, You can, I has been on vacation for 15 months then came back.

kash80
08-01-2012, 10:59 AM
You can re-enter the country using the same petition/visa, however your current employer has to pay you from the day you are on US, barring any unpaid time off. Better to consult a qualified attorney on this matter.

Gandhi_II
08-01-2012, 09:45 PM
Quitting one job and starting another. On an H-1B; can I take a one week break between jobs where I am not on payroll of either employer?

SGP
08-02-2012, 09:05 AM
Quitting one job and starting another. On an H-1B; can I take a one week break between jobs where I am not on payroll of either employer?

It is preferred that you do not show any breaks in payroll. However you can take a break. Please consult your attorney for confirming my opinion. Enjoy :)

seige
08-04-2012, 01:05 PM
So is there no way for an employer to keep you on payroll unpaid while you are in US?

I ask that because than My current employer wont have any problems keeping me around while I find a new job.