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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4730
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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H1B approved years. I want to take a 1 year break in

Customer Question

H1B approved for 3 years. I want to take a 1 year break in India. But I do not want to lose my H1b. I want to get a surgery done, take care of a few pending issues. Please suggest if that is a possibility.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.
Hello, my name is ***** ***** I will be the attorney helping you today.
Is your employer willing to keep your position for when you return in one year and not withdraw your H1B petition?
Customer: replied 2 years ago.

So it depends on my employer right?. If he is willing to keep my H1B, does he have to incurr expenses for keeping that position? Because I need to understand from my employer's perspective how it affects the company. Will the company incurr expenses for keeping my H1B while I take a 1 year break? I did not ask him this question straight away because I do not want to ask him something that will have negative consequences. I want to know the entire deal before asking him that question.

Expert:  Jen Marie, Esq. replied 2 years ago.
I understand where you're coming from. There are no direct expenses from USCIS for keeping the position open. However, keep in mind that under the law (8 CFR 214.2(h)(11)(i)(A)), an employer is obligated to notify USCIS
"of any changes in the terms and conditions of employment of a beneficiary which may affect eligibility… If the petitioner no longer employs the beneficiary, the petitioner shall send a letter explaining the change(s) to the director who approved the petition. “
Therefore, your employer would have to keep you on as an actual employee while you are away and he may incur costs such as paying health insurance, etc. You would have to check with them. Also there may be indirect expenses that the employer will incur if he has to hire someone new to fill your position while you are not there or if he chooses to file a H1B or another visa for another employee to fill your position. I could not speculate about that but that is something your employer may consider.
Good luck to you during this process and I hope this answer has helped you!
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