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  • Re-entry to USA with H-1B

    Hello,
    I currently hold an Indian passport and work in Texas based on my H1-B. My current employer is sending me to the UK for 6 months with "Skilled worker transfer" visa. After 6 months I am planning to visit India and then return to the USA. However my manager concerned about whether there will be a problem with my returning to the US from India as I left to USA for UK. My question is,would I be able to re-enter with my H-1B if I am coming from India instead of UK?

    Thank you!

  • #2
    Originally posted by jigss1987 View Post
    Hello,
    I currently hold an Indian passport and work in Texas based on my H1-B. My current employer is sending me to the UK for 6 months with "Skilled worker transfer" visa. After 6 months I am planning to visit India and then return to the USA. However my manager concerned about whether there will be a problem with my returning to the US from India as I left to USA for UK. My question is,would I be able to re-enter with my H-1B if I am coming from India instead of UK?

    Thank you!
    You should not have any problem re-entering US from any country as long as you have a valid H1 visa and corresponding active petition during re-entry.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      You should not have any problem re-entering US from any country as long as you have a valid H1 visa and corresponding active petition during re-entry.

      This is my opinion not legal advice.

      Thank you for your opinion. I do have my H1-B stamping bu what is corresponding active petition during re-entry? Also, I will be staying in India for 2 months but I will be getting paid. Would it be a problem? I mean would there be any issue foe staying that long in India with pay on?

      Thank you again!

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      • #4
        Whats the start and end end date on the I797?

        Comment


        • #5
          Originally posted by raghvi View Post
          Whats the start and end end date on the I797?
          My I-797 is valid from October 1st 2013 to September 19th 2016. I will be coming back from India on December 28th2015.

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          • #6
            Originally posted by jigss1987 View Post
            My I-797 is valid from October 1st 2013 to September 19th 2016. I will be coming back from India on December 28th2015.
            In that case it shouldnt be an issue.

            This is my opinion not legal advice.

            Comment


            • #7
              Originally posted by raghvi View Post
              In that case it shouldnt be an issue.

              This is my opinion not legal advice.
              Thank you very much!

              Comment

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