Does h1b time continue after a sabbatical?

Asked 10 months ago - Flushing, NY

I have finished 4 yrs on my h1b. For personal reasons, I need to quit my job. I plan to return to the us on f2 visa category. If I were to quit my job now, after 2 yrs sabbatical can I continue to work on h1b filed by a new employer since I will have 2 years out of my 6 yrs on h1b remaining? Can that employer also sponsor my green card at that time?

Attorney answers (3)

  1. Lisa R. Brenman


    Contributor Level 11


    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The answer is 'yes' to both questions. You can use the remaining two years in your next H-1b petition as long as there are no immigration or other violations in your history. Additionally, your next employer can sponsor you for your H-1b and your green card at the same time. I wish you the best. Hopefully, the employer's immigration attorney will have experience in both types of matters.

    The comments made on this site by Brenman Law Firm, PLLC of Chapel Hill, North Carolina are not legal advice. This... more
  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleague.

    Yes, if done correctly, you can recapture time.

    BUT, it might be more difficult to get the F-2 than you think.

    Talk to a lawyer about the potential problems involved.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Harry Asatrian

    Contributor Level 15

    Answered . Yes.

    Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information... more

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