H1b Query in case i leave usa for one year

[prachi18]

Please find below my queries for immigration office


1. If I go on Medical leave for than 12 weeks on FMLA, will my H1B be cancelled or will it go out of status in case My comp terminates me .
2. If I come back after 4-5 months and will like to continue working with with same compnay or , i need to apply for totally new H1B or just be change of status?.
3. In case if it will ne new H1b application, will that fall in H1B- quota category or would I be issued H1b out of Quota.

[txh1b]

1. You will be out of status if company terminates and you are residing in the US.
2. Where are you coming back from? If you are outside US, #1 does not apply. If the H1b is valid, no new H1b needed for same employer.
3. Not needed. Check and read some posts on the forum.

[prachi18]

H1b query

Thanks for your help

1. I am leaving usa for one year on 30 aug 2008 and my H1b is valid till 2010. Might be my compnay will terminate me.So in that case Do i need to transfer my visa to some other compnay before I come here or do i need to apply new H1b