H-1B travel on a valid visa when on bench

[prav18]

Hi , I am on H-1B with a visa stamped on my passport from a previous employer. This visa is valid until Oct'2013. I am currently on bench with a new employer . My question is : Can I travel to India in June 2013 with my new employer's I-797 (valid until Feb'2014) and the valid visa from my old employer valid until Oct'2013? Do I need to go for visa revalidation or can I return with the new employer I-797 and the old employer visa? Thanks

[jairichi]

Yes, you can re-enter US with your old valid H1B visa and new I797. But, what do you mean by saying "on bench with a new employer"? If you are not paid for that so called bench time I believe you are out of status and will be a problem for you later. I am sure experts in this forum will have the same question about your bench time

[areddy1234]

With the valid I 797 and Visa you should be good to go, but if possible try to avoid travelling outside. You might be asked to show client letters at POE.

Make sure your employer is paying you while on bench. If he doesnt pay you, then you will be out of status.

[JoeF]

Are you getting paid on bench?

[prav18]

Yes, I am getting paid on bench. My employer said that he will pay me till the first week of June 2013. My employer stated that I can only return if I have a project (client) letter in hand. Is this correct? Can I return to the U.S and then look for a new project?

[omshiv]

Yes, I am getting paid on bench. My employer said that he will pay me till the first week of June 2013. My employer stated that I can only return if I have a project (client) letter in hand. Is this correct? Can I return to the U.S and then look for a new project?

You might be asked for the Client letter, LCA and other documents at the POE...its better to avoid the trip on bench.