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Does h1b time continue after a sabbatical?

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?

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Attorney answers 3

Best Answer

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 information is provided as a public service and is intended as general guidance only. We require an initial consultation and a signed retainer agreement before we represent our clients.


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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.



Mr. Asatrian's practice is dedicated to the area of immigration and nationality law. Please note the information provided herein does not constitute legal advice and should not be construed as such by anyone. It should not be relied upon as legal advice as more specific facts, research and analysis may be required to formulate a proper strategy and action in your matter. Please note this does not create an attorney-client relationship whatsoever. You should seek the assistance of an experienced immigration attorney to review your matter thoroughly and gather all of the necessary information and documentation to provide you with the best possible legal solution.

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