PDA

View Full Version : Going on hiatus/sabbatical in 7th year of H-1B


karma86
03-06-2014, 04:55 PM
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 go on hiatus anyway:
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!

sac-r-ten
03-07-2014, 10:27 AM
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 go on hiatus anyway:
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!

Don't worry about this H1b-green card-employer-cap-exempt-extension. Just go on the voyage and enjoy life. you may not need to come back to this world of crap.

cheers.

AceMan
03-07-2014, 10:48 AM
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 go on hiatus anyway:
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!

Assumtion 1
1. Yes
2. Yes. Yes. Yes

Assumption 2
1. Yes
2. N/A since you can transfer

spicy_guy
03-07-2014, 12:06 PM
Don't worry about this H1b-green card-employer-cap-exempt-extension. Just go on the voyage and enjoy life. you may not need to come back to this world of crap.

cheers.

Lol. May not be practical. But still +1

karma86
05-21-2014, 10:07 PM
Thanks everyone!

I found a USCIS memo that clarifies all my questions, and AceMan got them all right!

"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."

http://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf