Taking unpaid leave in H1

[tkarthi]

Hi,

I am already working in H1B visa.Due to personal reasons planning to take a break for 1 yr.

Is it possible to take an unpaid leave for 1 yr in H1 B and will apply for change of status to H1 to H4 for that 1 yr.

Will the same H1 B will be valid after 1 yr so that i can apply for change of status again from H4 to the old H1 B? Is there any possibility like this?

Thanks.

[DMX17]

You can apply for a Change of Status (COS) to H4 if you have been maintaining H1 status (i.e. getting paid and have pay stubs).

Later when you want to work on H1, you can apply for COS to H1 and get the "remainder time". Search this forum/website for details.

[tkarthi]

Taking unpaid leave in H1

Hi ,

Thanks for the reply! I do have the pay stubs and i am maintaining my H1 status till now.

Can you plz give me some more details because i dont have H1 stamping in my passport right now.

If i change my status to H4 with unpaid leave in H1 and go back to India,
i will be returning with H4 stamped in my passport.

Even after that will i be eligible to apply for COS from H4 to the old H1.(ie i need not apply a freah H1 again, i can reuse the old H1).

Thanks.

[infoway]

Yes, you can come back on H4 and apply for COS to H1B based on your previous H1B Status. You will be able to clain"REMAINDER PERIOD" .However, if you need travel on H1B, you would need an h1b stamping.

[tkarthi]

Taking unpaid leave in H1

Hi,

Thanks for your clarification.

Also could you plz throw some light on the below questions ,

- Will this H1 B will be counted against the quota for the year i apply COS?(i have remaining 5 yrs in my current H1)

- Is that i can apply COS from H4 to H1 any time during the year after i return from India?

- Do i need to apply COS from H4 to H1 to the same previous employer who applied H1 for me?

- Does this COS from H4 to H1 will cost or is it applying COS only?

- Shall i start working immediately after applying the COS or do i need to wait till the Oct 1st of that year?

Thanks.

[txh1b]

- Will this H1 B will be counted against the quota for the year i apply COS?(i have remaining 5 yrs in my current H1)

A: No, You are not counted again.

- Is that i can apply COS from H4 to H1 any time during the year after i return from India?
A: Yes

- Do i need to apply COS from H4 to H1 to the same previous employer who applied H1 for me?

A: No, Can be any employer willing to sponsor.

- Does this COS from H4 to H1 will cost or is it applying COS only?

A: It will cost some money to the employer. If it is a new employer, entire H1b fees have to be paid by the employer

- Shall i start working immediately after applying the COS or do i need to wait till the Oct 1st of that year?

A: You need to wait until COS is approved not until Oct 1st.

[tkarthi]

Taking unpaid leave in H1

Hi,

Thanks for your reply!

Could you plz clarify the below question too!

- Do i need any specific documents from my current employer needed at the time when i apply for COS from H4 to H1 through a new employer?

- Is that possible my current employer can cancel my H1 visa if they want to do intentionally after i chaged to H4?

- If so whether i can apply for the cos after 1 year from H4 to H1 through a new employer or will there be any issue?

Thanks.

[tkarthi]

Can H1B can be cancelled by the employer?

hi,

Can anybody plz provide info -

- Do i need any specific documents from my current employer needed at the time when i apply for COS from H4 to H1 through a new employer?

- Is that possible my current employer can cancel my H1 visa if they want to do intentionally after i chaged to H4?

- If its cancelled whether i can apply for the cos after 1 year from H4 to H1 through a new employer or will there be any issue?

Thanks

[txh1b]

- Do i need any specific documents from my current employer needed at the time when i apply for COS from H4 to H1 through a new employer?

No, Current employer has nothing to do with your new petition.

- Is that possible my current employer can cancel my H1 visa if they want to do intentionally after i chaged to H4?

They have to as per the law. But that does mean your H1b status with that employer is terminated, not your ability to be on H1b at a later date if you have remaining period left. Look at the FAQs under H1b to educate yourself about the procedure.

https://www.immihelp.com/h1-visa-faq/

- If so whether i can apply for the cos after 1 year from H4 to H1 through a new employer or will there be any issue?

No issues.

[C4us]

Just remember that you will need to wait for the approval notice with the H-1B I-94 before beginning work so plan accordingly and file in advance of your desired start date.