Taking a break on H1b for medical reasons and go to India

I currently have H1b stamp valid til Sept 2021(And also have I-140 from prev employer) however due to a medical situation I want to take a break(kind of sabattical) for 7-8 months and go to India.
Note: I have completed around 4-5 years on my h1b and


  1. Is this possible? Or will my company have to ask me to quit if I need to take an unpaid 7-8 months leave and go to India?

If my company does not approve this, I will have to quit the current company, in such a scenario(below questions),

  1. If i need to come back after 7-8 months will I have to go through lottery again?
  2. Is there anyway I can come back using my current H1b after 7-8 months? will my h1b become invalid and I cannot come back at all?
    By anyway I mean, is it possible for my to apply for a different company from India and then enter? Will the different company simply transfer my h1b or do they have to do the lottery again?
  3. If I change company should I get the new H1b stamped before entering or I can enter using current H1b and the new company I-797?

Other questions:
4. Is it possible for me to come back and then find a job here?
5. Are there anyway/any option where I can work in same company or transition to new role which can prove more helpful? Like remote working after few months etc?
6. My wife who is on H4 EAD, can she continue working(In india or usa) or will she need to stop as well?
7. What is that 60 day rule?Where does it fit into the sabaticcal?

Lemme know if it is better to book a consultation to answer these question, I dont mind.


  1. Sabbatical policy depends on the company. It depends on what they will do.

  2. Usually, US Employer withdraws H1B if you leave the job. USCIS requires them to do so.

  3. You can file H1B Transfer or extension from India anytime in future using approved i140 without lottery.

  4. You need a valid job offer and approved i797 to enter USA. You cannot come and search the job.

  5. You can use the old Employer visa stamp to enter as long as its valid with new i797.

  6. Once you leave US, H4 status is Automatically stopped. She can’t work or stay in US without H1B.

  7. 60 day rule is for job loss and staying in the US. It does not work for sabbatical cases.