Employment gap and want to return to US

[gcmatters77]

Hi guru’s,

Need some help, I was in US working for a consulting company and a good client for 4 years then due to some family issues I had to return back to India in the beginning of last year ‘08. I and my wife has visa stamped in passport valid till the end of this year. Now I want to come back to US and I am not sure if I can enter US again with the same visa as I do not have paystub from my employer for last 1.5 years.

During this 1.5 years I started my own business and tried various options but didn’t work out well so want to return back to US and during this time we had a son who doesn’t have a visa. Does any body know how I can return back to US, are they really strict at port of entry and would not let me in without a project. I don’t have a project right now and will look for it once I am in US. Any input would be very helpful.

[surabhi]

You will be able to return to same employer if you get employed again with your old employer.

Alternatively, you can file new H1 with a new employer. YOu dont need to go visa stamping, but your son need to go in either case.

Make sure you either have a project with client letter or your employer has position to employ you on genuine internal project that can be documented well. Its not question of past pay stubs for you. Its about having valid and verifiable employment now.

[sbmallik]

Yes, you can return to the US with the same visa, as long as you are employed with the H-1B petitioner. It is better if you have some documentation about projects etc. There is no need to furnish pay stubs for the time you spent outside of US.