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USADreams

Can I Return with valid H1B after being out of US for 1.5 Year ?

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Due to some family reasons I had to travel out of US and was here for 1 Year and 5 Months . My H1B is expiring next month . I was working as a contractor with the company during this period as I was not in H1 status while I was not present in US . Now my matter is resolved and my employer wants me to return and will provide a letter stating that I will resume my employment once returned back . Will there be any issue for me at Port of Entry cause I was out for long time ? I am returning one month before the expiration date . I have a valid stamp on my passport , I797 and employment letter .

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Due to some family reasons I had to travel out of US and was here for 1 Year and 5 Months . My H1B is expiring next month . I was working as a contractor with the company during this period as I was not in H1 status while I was not present in US . Now my matter is resolved and my employer wants me to return and will provide a letter stating that I will resume my employment once returned back . Will there be any issue for me at Port of Entry cause I was out for long time ? I am returning one month before the expiration date . I have a valid stamp on my passport , I797 and employment letter .

I don't think there should be any issues.Carry all the relevant docs so that you can present them if asked.

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Thanks everyone . 

 

@pontevecchio Wil it not deny an extension if filed when I am out of country ?

 

Should I mention that I was working as an individual contractor as I was not present in US for same employer ? Will it benefit or be negative for me in anyway ?

 

Thanks

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If your petition is expiring next month the company can file a H1 petition for you to claim the remainder of your 6 years in total in H1 status even if you are not there. On approval you can come back with the latest approval.

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