Options to take break while I-485 pending

[rajnigoyal_03]

My spouse & myself are currently holding H1 status ( Extension filed ) & have already filed I485 ( Pending ) . I wanted to take break for 2 – 4 months but not sure what are the options since my employer will not run my salary during my break



- Will it be wise to change the status from H1 to H4 & then later file from H4 to H1

- What will be the impact on the I485 since I am the primary beneficiary of the I485

[txh1b]

You can do what you mentioned or just switch to Parolee status by using EAD with your current employer. Then the "must pay" requirement does not exist for the employer like for someone on H1b and can take an extended leave of absence.

However, upon return, you need to be employed in the same position as your GC labor and hope your PD is far away as you need to be employed in a similar job at the time of approval of GC.