Need urgent help for H1B regarding POE and new Memo for january 8 2010

[rdm999]

Hi Good supportive seniors members

I received excellent feedback in this forum previously and I thank everyone for their thoughts and advice

First of all I am telling you about my H1B status.

I have valid H1B visa stamped from Nov–2007 to Sep-2010 after getting my visa my employer called me in USA on May-2008, so I went to USA May 2008 and came back to India July-2008 due to personal reasons , Only 50 days I stayed in USA,

But I am now willing to fly for USA and do not want to loose the opportunity and do not want my visa get expired.

My employer (Desi Consultant) doesn’t invite me for US. Since last year when I phoned to my employer, every time he told me all H1B candidates were deported to home country from POE.

I have SS Number, and I have not any Pay stub because I was only 50 days in US and I have other all regarding H1 original documents.

Now a day I have heard reports of people having problem on at Port of Entry and deported to home country regarding January 8 2010 memo Employer-Employee relationships so that My questions are below :

1. What is an effect January 08 2010 Memo in my case(status)
3. Shall I go to USA for “in-house project”, within a month as I visited earlier?
3. As per new memo Employer-Employee relationships, which are the more
documents require for at on the POE.?
4. Since 1.6 years I am in home country and my visa is valid till to sep-2010
so what is the my visa status weather I am in status or not.
5. Which are other documents sufficient to carry with me?
6. To whom and how do I contact lawyer or any other concerned person,
when I faced any problem related to my H1B visa while on the POE.?


Thanking you in advance for your support and advice. Please give me good suggestion…
Have great time ahead
Regards

[kalyanverma]

Please don't travel without a job assignment

According to the Jan 08 memo, your case is classified as an invalid scenario. You can only enter the US if you have a job. Well, technically you have a job, but you don't have any work to do for which your employer is ready to pay you. Your employer is asking you not to come to the US because of the same reason.

If your employer can prove that you will be working for them on a specific project, then you have a chance to come back and work.

Answers in bold:
1. What is an effect January 08 2010 Memo in my case(status)
Invalid Scenario
3. Shall I go to USA for “in-house project”, within a month as I visited earlier?
If your employer is a product based company or does contract/consulting work In-House, then yes, definitely you can travel
3. As per new memo Employer-Employee relationships, which are the more
documents require for at on the POE.?
Anything that can prove that you have work to do. More details
4. Since 1.6 years I am in home country and my visa is valid till to sep-2010
so what is the my visa status weather I am in status or not.
You are not out of status. However, the validity depends on the I94 that they issue you when you clear the immigration at the POE.
5. Which are other documents sufficient to carry with me?
If In-House, then the project details including the timelines, charter, etc. Same as question 3.
6. To whom and how do I contact lawyer or any other concerned person,
when I faced any problem related to my H1B visa while on the POE.?
You can ask for a phone call and contact your employer and lawyer to discuss the situation

[rdm999]

Thanks kalyanverma
to given me good guidance I have some more question as below

1. Do I need DS 160 form in POE?
2. Whether new offer letter is needed or old is valid for "In house" project? while
on POE
3. Do I need vacation letter too?

Thanks

[milda]

To be safer side, if you can manage all these letters then take it. So, while travelling, no need to go in "if...then....else"

[immihelp]

You don't need DS-160 form at POE for sure. You only enter DS-160 online and no paper or nowhere to present it.

[rdm999]

Thanks to All good member
to given me good reply which is sure help me while on POE

one more confusion, question is below

I am going to USA second time on same H1B so, DO I need fill online DS 160 ?

regards

[shervin143]

You fill DS160 only when you need to go for visa stamping. If you already have a valid H1B visa stamped in your passport (Check the validity), then you can travel with that. No need to fill DS160 or apply for a visa again. Read the FAQ's related to H1B in immihelp "Visas" section. Most of your questions will be answered there.

Thanks to All good member
to given me good reply which is sure help me while on POE

one more confusion, question is below

I am going to USA second time on same H1B so, DO I need fill online DS 160 ?

regards

[rdm999]

Thanks again Thanks for I got good answer to my question

Where I fine Timeline sheet format ?

thanks & regards

[shervin143]

What????

Where I fine Timeline sheet format ?

[rdm999]

yes sorry in written
my question is

Where I find Timeline sheet format of employer project ???

regards

[rdm999]

Dear member

one good news from me

I just phoned to my employer he will send me a vacation letter

is there any problem after getting the vacation letter while on POE ?

Thanks