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port of entry issue

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  • port of entry issue

    i worked in USA for a period of one year,but due to personal problems i came back to india and worked for the same company(which holds my H1) in india(my company is a software development and consulting company) for about one year, i have visa valid till nov 2009, im planning to come to US again in April, so my questions are

    1)will there be any problems at the port of entry(im being paid by my company in rupees)

    2)To extend my H1 visa should i need to have US pay stubs or can i extend visa using indian pay stubs

  • #2
    1. Read the 100s of posts that ask similar questions and the FAQs. If your H1b is valid, I797 valid and you have a valid job offer that pays you from day 1 of your entry, then you will be fine.
    2. During H1b extension pay stubs are asked to prove that you were maintaining valid status in the US. If you were in India, why would those pay stubs matter? If you plan on extending H1b after entering US, a paystub will be needed. In case you enter close to the H1b expiration date, your lawyer should apply for the extension and provide paystubs when asked in a RFE if you do not fall in a pay cycle before getting the H1b extended.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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