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Travelling after 1 year of H1B stamping

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  • Travelling after 1 year of H1B stamping

    Hi All,

    My H1B visa was stamped in January 2016. There were some issues with employer and then some personal problems, and I could not travel to US. Now, I am planning to travel Jan-2017 next year.

    Will this 1 year gap cause any problem at POE? Is this normal? What type of questions I will expect. My POE will be Atlanta, Georgia.

    Thanks a lot,

  • #2
    Originally posted by cfuture View Post
    Hi All,

    My H1B visa was stamped in January 2016. There were some issues with employer and then some personal problems, and I could not travel to US. Now, I am planning to travel Jan-2017 next year.

    Will this 1 year gap cause any problem at POE? Is this normal? What type of questions I will expect. My POE will be Atlanta, Georgia.

    Thanks a lot,
    If your visa is still valid and have atleast 3-4 months left, you should be good. Assuming you are going to work at the location and client mentioned in that petition.
    This is just my opinion, not a legal advice.

    Comment


    • #3
      Originally posted by SKDS160 View Post
      If your visa is still valid and have atleast 3-4 months left, you should be good. Assuming you are going to work at the location and client mentioned in that petition.
      It's an in-house project. I will carry I797 approval soft copy on mobile/laptop, because hard copy was taken by the US consultant and they never returned it. Employer saying soft copy is fine. Will this be a problem?

      Comment


      • #4
        Originally posted by cfuture View Post
        It's an in-house project. I will carry I797 approval soft copy on mobile/laptop, because hard copy was taken by the US consultant and they never returned it. Employer saying soft copy is fine. Will this be a problem?
        Why can't you take a printout of the soft copy and carry with you?

        Comment


        • #5
          Originally posted by cfuture View Post
          Hi All,

          My H1B visa was stamped in January 2016. There were some issues with employer and then some personal problems, and I could not travel to US. Now, I am planning to travel Jan-2017 next year.

          Will this 1 year gap cause any problem at POE? Is this normal? What type of questions I will expect. My POE will be Atlanta, Georgia.

          Thanks a lot,
          Originally posted by cfuture View Post
          It's an in-house project. I will carry I797 approval soft copy on mobile/laptop, because hard copy was taken by the US consultant and they never returned it. Employer saying soft copy is fine. Will this be a problem?
          US consulate will not take I797 or 129 documents. Not sure why is it so in your case.
          You must carry hard copies for review at POE and you should have employer invitation/offer letter. Better to have stay at US and employer contact details.
          If you have valid visa stamped on your passport and have these documents you can travel any time.
          If you are not with the same employer you need to transfer H1B to new employer with LCA for new location.
          If you are with the same employer, I am not sure why employer is not giving documents to travel.

          This is just my opinion, not a recommendation/advise/suggestion

          Comment


          • #6
            Thanks a lot for your responses.

            I also want to make sure that my petition is valid the time I arrive US. First thing is definitely a confirmation from employer that they are not revoking my petition. However, is there any second level check which I can rely? How about checking USCIS case status online? If it says APPROVED, then that should be ok right?

            If employer has revoked the petition then USCIS will show it as REVOKED? or will it still show as APPROVED on screen but in background it's revoked.

            Comment


            • #7
              Originally posted by cfuture View Post
              Thanks a lot for your responses.

              I also want to make sure that my petition is valid the time I arrive US. First thing is definitely a confirmation from employer that they are not revoking my petition. However, is there any second level check which I can rely? How about checking USCIS case status online? If it says APPROVED, then that should be ok right?

              If employer has revoked the petition then USCIS will show it as REVOKED? or will it still show as APPROVED on screen but in background it's revoked.
              Something sounds out of ordinary, why would "consultant" take your original petition? As long as the employer mentioned on the I797 gives you latest employment letter, and you will work for that employer I think it should be fine.

              This is my opinion not legal advice.

              Comment

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