Port of entry question...

[harsha413]

Hi all,

I am on H1B ( valid until Oct 2012). I went to india for marriage 4 months back (in Sep 2011). I got my visa stamped after 1 week in chennai (in Oct 1st week). Now i am planning to come back here in Jan 2012. My employer is based of Atlanta, GA (Consulting firm). My previous contract was ended. Right now i don't have any client letter.

Now my question is, did you see any issues at port of entry for my case, if i come next week? I am coming after 4 months, that is my main concern. Is there any advantage if i choose Atlanta as my port of entry (my employer is in atlanta), or the city doesn't matter? Did you see any cases with port of entry issues in recent past?

Please give me any info or suggestions about port of entry issues.

[Chitown01]

do you have a valid job offer?

[imperial05]

Hi all,

I am on H1B ( valid until Oct 2012). I went to india for marriage 4 months back (in Sep 2011). I got my visa stamped after 1 week in chennai (in Oct 1st week). Now i am planning to come back here in Jan 2012. My employer is based of Atlanta, GA (Consulting firm). My previous contract was ended. Right now i don't have any client letter.

Now my question is, did you see any issues at port of entry for my case, if i come next week? I am coming after 4 months, that is my main concern. Is there any advantage if i choose Atlanta as my port of entry (my employer is in atlanta), or the city doesn't matter? Did you see any cases with port of entry issues in recent past?

Please give me any info or suggestions about port of entry issues.

I ASSUME THAT POE SHOULD NOT MATTER, BUT IF U FEEL MORE COMFORTABLE WITH COMING TO ATLANTA, THATS A CHOICE. AS FAR AS THE H1B ISSUE. U WILL NEED TO JUSTIFY THE 4 MONTH STAY IN INDIA WHILE ACTIVELY ON H1. (WERE U WORKING FOR THE FIRM DURING THAT TIME, OR ON VACATION. ). ALSO H1B COULD BE APPROVED FOR 3 YEARS, BUT U LOSE STATUS WHEN U DONT HAVE A JOB, IRRESPECTIVE OF THE YEARS APPROVED. A CLIENT LETTER OR AN EMPLOYMENT LETTER WILL BE AN ESSENTIAL ONE TO CARRY WITH YOU. HAVING A STRONG CONTRACT WILL BE EVEN BETTER.

[harsha413]

I am on vacation only (all 4 months). I am not getting any pay or salary for this vacation. Right now, i don't have any job offers in my hand. I don't have any client letters. The only option is get a letter from my employer stating i am full time employee for them.

If we are on vacation in another country for 4 months without salary, is that a violation of H1B rule. Is there any problem for H1B status?

My main concern is how the POE is going these days? Are they asking all the documents at POE? Did you hear any cases that they sent back people these days from POE?

[JoeF]

The problem is that being on a vacation without pay and without having a project looks as if the employer does not pay on bench.

And that's a big no-no. Way too many shady consulting companies forced their employees to take unpaid vacations to avoid paying on bench. While it is not illegal to take an unpaid vacation and going out of the country, it looks very suspicious.

Your employer should find a project for you, and get you a client letter.

[Chitown01]

Maintaining the status is required while you are in the US, so if you were in india for 4 months vacation.... that has nothing to do with your status...

Once you re-enter on a particular status, you will have to maintain the status means if you are re-entering on H1, you should be getting paid by the employer ... so if you plan to re-enter and then look for projects thru your consultant and your consultant is not paying you since you are on bench that is violation of h1 status

As the person above mentioned you will need to employer letter at poe in case they ask

[MayEB2I]

Did you take any client letter when you went for stamping in October?

If so, what does that say? That you would join them once you go back to US? Is it the same client that you previously worked or a new one?