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PLEASE HELP: Not Used H1B for last 1 year. Came back to India but still employed

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  • PLEASE HELP: Not Used H1B for last 1 year. Came back to India but still employed

    Hey guys, I am in a very weird situation here and I need your help desperately. I got my H1B visa approved and stamped last year. I just used 1 month out of 36 months of my H1b duration and had to return to India due to some family urgency. I continued working in India for the employer and got paid here. Now, that I am fine and ready to go, I am not sure what are my chances of getting back into US with the same H1B visa with the same employer. The visa is valid for another 2 years though but my I 94 is due September 28th 2016 due to my passport expiry date as September 28th 2016 at the time of entry. I got a new passport so that's no issue. My employer is ready to let me back to the states and resume work! So here are my questions:

    1. What is needed from me and my employer to get safe passage to US?
    2. Can I just get a letter from my employer stating I had a family urgency and would like to return and resume work?
    3. Does my employer need to show the pay stubs for all these months that I haven't worked in the US?
    4. What else is required?

    Please help me guys, I really want to go back and resume work before my I-94 expires. Please give me some solid suggestions

    Thanks

  • #2
    Originally posted by telescopee0 View Post
    Hey guys, I am in a very weird situation here and I need your help desperately. I got my H1B visa approved and stamped last year. I just used 1 month out of 36 months of my H1b duration and had to return to India due to some family urgency. I continued working in India for the employer and got paid here. Now, that I am fine and ready to go, I am not sure what are my chances of getting back into US with the same H1B visa with the same employer. The visa is valid for another 2 years though but my I 94 is due September 28th 2016 due to my passport expiry date as September 28th 2016 at the time of entry. I got a new passport so that's no issue. My employer is ready to let me back to the states and resume work! So here are my questions:

    1. What is needed from me and my employer to get safe passage to US?
    2. Can I just get a letter from my employer stating I had a family urgency and would like to return and resume work?
    3. Does my employer need to show the pay stubs for all these months that I haven't worked in the US?
    4. What else is required?

    Please help me guys, I really want to go back and resume work before my I-94 expires. Please give me some solid suggestions

    Thanks
    The I94 is pretty much of no value as you are outside US. One should hand over the I94 while leaving US. In order to be allowed entry to US, you would need the latest employment letter, and if all the other things remain same, such as location , client etc then the I797 and of course the passport and valid visa.

    This is my opinion not legal advice.

    Comment


    • #3
      Pardon my ignorance, but do I need a new i797 in this case or the old one would suffice? My employer is ready to to give me the employment letter, but do I need to file for a new i797?

      Comment


      • #4
        Originally posted by telescopee0 View Post
        Pardon my ignorance, but do I need a new i797 in this case or the old one would suffice? My employer is ready to to give me the employment letter, but do I need to file for a new i797?
        Hey can anyone throw some light in this case? Can I just get a letter from my same company that due to some personal emergency, I had to go back and now returning to start of work?

        Comment


        • #5
          Originally posted by telescopee0 View Post
          Hey can anyone throw some light in this case? Can I just get a letter from my same company that due to some personal emergency, I had to go back and now returning to start of work?
          If your work location is same then same I797 is fine.

          This is my opinion not legal advice.

          Comment

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