Trouble at port of entry in US?

[H1_holder]

Hi,

My wife coming to US on Mar 23.

She is on H1 and has not worked since Aug 10. She is in India since last 3 months.

Would she face trouble at port of entry in US? Does she need any doc?

I do not have much time, prompt reply is appreciated!!

Thnx
Murli

[shervin143]

Is she returning back on H4 visa or H1B? If she is returning back on H1B, then she will need to carry employment verification letter, client letter (if applicable) and latest pay slips.

[H1_holder]

no, she is coming on H1. She is not working since Aug 10. We had baby boy in Oct 10 and in Jan 11, she went to India, she is coming back now.

Thnx

[shervin143]

How can she enter back in H1B when she doesn't have a job (By job I mean the one that pays to maintain the H1B status)? There are chances that she might face issues at the POE for being out of status on H1B. If you had a baby, then the first thing that you should have done is to file a COS to H4 before going out of status in H1B. Whether to take the risk or not is upto you.

no, she is coming on H1. She is not working since Aug 10. We had baby boy in Oct 10 and in Jan 11, she went to India, she is coming back now.

Thnx

[H1_holder]

you are making me nervous.

cannot she say that she was on medical leave?
or
son was colic/not well, so, she went to India for medications?
or
she went to India for some family emergency?

FYI..she is not working since Aug 10 and she delivered boy in Oct 10, she went to India on Jan 09, 11 and now she is coming back.

[shervin143]

A typical maternity leave is only 6 weeks for a normal delivery and 8 weeks for a C-section. She will need documents supporting further medical leave from her doctor or from your child's doctor. When you are in H1B, you are supposed to be working and getting paid. When you know that she is going to deliver a baby and she cannot work from August 2010, you should have applied for the COS to H4 or any other status that will legally allow her to stay without working in the country. The time spend outside U.S is okay. Any time spend in U.S on H1B status need to be supported by proper pay slips to prove that she maintained her H1B status. If not, then it could be an issue.

H1B is a work related visa. She will need proper work related documents to show at the POE to get admitted in H1B status. Depending on the officer at the POE she might or might not face issues. Like I said before, whether to take the risk or not is up to you. If deported, that could cause more issues with future visa stamping and entry into U.S. It is never advisable to enter U.S in H1B visa without a proper job waiting for her.

Check the below link.

https://www.immihelp.com/h1-visa-holder-responsibilities/