H1 - Out of US for 1 year - will re-entry affect?

[me_myself]

I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?

Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

Thanks in advance.

[hebbar77]

I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.

[me_myself]

why do you say it will become void? I am going to work for the same employer who got my H1.

Thanks.

[gc28262]

I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?

Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

Thanks in advance.

You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

Your H1B is still valid.

I guess that answers part of your question.

[LookingForGC]

As long as your employer didnt revoke your H1, and you are in same employer from the beginning, you are fine to re-renter to US.

Friend of mine had the same experience, and he entered with no issue in 2005. Not sure if anything changed after that.

[thomachan72]

it was Ok long time back when unemployment rate was not high. Now you might certainly be questioned on the year without work. When you are hired on H1 it is asumed that you would be continuously employed for the period specified on the H1. If the company had to send you off, they actually should have cancelled your H1b and then rehired you when work is available. That is the essense of H1b. I understand your situation but personally feel it is incorrect legally to go about this way. Finding a good explanation for one whole year without work would be pretty difficult. If this were possible why would the so called contractors not resort to bringing in people whenever need arises and sending them back once the project is done?? If you could stay without work outside the country for so long.

[me_myself]

Did someone face this situation recently? I am really concerned about my case.

[gc28262]

Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.

IMO most likely you can get in to the country without an issue. It is worth giving a try.

Also see this uscis link

Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)

[me_myself]

My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.

I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.

Thanks.

[gc28262]

My company didn't cancel my H1 as they wanted to be in India for a year and return to US. I am still working for the same company that got me the H1.

I also have a family - Wife (H4), Son (4yrs - H4), Daughter (2yrs - US Citizen) - should i take them with me or should i first go there, get a couple of pay stubs and then ask them to join me.

Thanks.

Better to comeback by yourself as there is a 1% risk of being turned back from POE.

[Pagal]

Hello,

An approved H1-B petition is an approval for you to undertake employment within US, while a H1-B stamp is to allow you to knock on the US door (PoE) where an IO will decide whether to let you in or not.

There is no requirement that states that legally you must be working continuously within US if you are on H1-B (if anyone knows otherwise, he/she should post the appropriate link).

In short, you should not have any issue at all. The IO will ask why you were out of US and you can tell him/her that you were out 'cause you were consulting from India and not working in US for the past year. You should keep the new offer letter with you to prove to the IO that you have a new job within US now and that's why you want to enter the country.

Do consult a lawyer, but IMHO, you should be fine as a fiddle! :)

[me_myself]

Spoke with a lawyer - he said have a letter from my company saying i was training our indian vendor and now returning back to resume work in US. Also have proof/documents that shows my US company exists and a verification letter from them.

My question is (i forgot to ask him) what sort of documents i need from my company which shows the company exists - i dont think my company will give out its Tax Returns. What other documents should i ask for?

Thanks.