Need Advice on H1B Travel During Severance Period

[krishna9211]

Hi everyone, I need some advice on my current situation:

• My company recently had a mass layoff and offered a 2-month severance package, which runs until October 31. During this severance period, my payroll will continue and my H1B will remain active. My official employment termination date is November 1, after which my 60-day grace period will begin.

My questions are:

1. Can I travel to India, attend a visa interview, and return to the U.S. before October 31 (while still on payroll and H1B active)?
2. What are the chances of a visa stamping rejection in this scenario?
3. Could there be any complications at immigration when re-entering the U.S.?

This is all under the severance period, before the 60-day grace period begins. Any guidance would be greatly appreciated!

[rkk09]

Hi,
Please see my response below.

1. Can I travel to India, attend a visa interview, and return to the U.S. before October 31 (while still on payroll and H1B active)?

Ans: No. this is not advisable as your employment termination date is near and there will not have any specialty occupation position available beyond that, it will cause a problem.

1. What are the chances of a visa stamping rejection in this scenario?

Ans: High possibilities on rejection.

1. Could there be any complications at immigration when re-entering the U.S.?

Ans: Yes.

Thanks