H1B vacation for an year

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Registered Users (C)
I am on H1B and it is expiring in July 2010. I am planning to go to my home country and return back after an year with my employer's consent. Can I do that? Will my H1B stay valid? Can I have problems at port of entry?
 
I am on H1B and it is expiring in July 2010. I am planning to go to my home country and return back after an year with my employer's consent.
Can I do that?
------yes
Will my H1B stay valid?
---------------when you are out of US then you are not on H1 status. H1 is for US.If US employer dont revoke your H1 by writing to USCIS then your H1 petition remains valid.
Can I have problems at port of entry?
----------------if US employer has job and you have valid visa stamp then I dont see problem but at POE they may ask employer latest letter.
---------------- It seems to me that employer at this time does not have job for you (or project is over) many H1 employer are sending H1 holder out of US as they cant pay . if you are going to your home country find job in home country as nobody can make a guess what will be job market for H1 holder after 1 year.
Good Luck!!
 
also when you leave US, employer may revoke your H1b.your leaving can also raise questions (as employer is not paying any tax for you).your employer will find it hard to keep your H1b job offer and likely revoke your petition in the current environment. Especially if he plans to hire new H1b's. be careful if you plan to leave.
 
Yeah be careful of taking this route especially if you intend to return at some point. It would be a lot easier if you did an inter company transfer if your company has a foreign office, then maybe you could come back on the L1 visa.
 
It is a safe way to save your status. But you need to be able to prove that you have a job, when you wish to come back.
 
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