Visa Stamping/Travel Outside US

[hopedream20]

Hello All,

 

My situation is that I have Stamping on my Passport till Sept 16, 1013 and I have to go to India and would be returning by Sept 10, 2013. My next 797 (Sept 01, 2013 - Aug 2016) has been approved from USCIS. Since I am on EVC model and my current project has been completed, I am little hesitant of going for stamping for my approved 797 right now.

 

My Questions:

1. Do you guys think I am safe if I travel on my stamped Visa and come back by Sept 10, 2013

2. Do you guys suggest going for my next 797 visa stamping while I am on bench?

 

This forum has been of great help to me in the past. Thanks everyone for all the contributions!

[shandan]

Since Sept 10th and Sep 16th are not too far apart, you will for sure be asked why you didn't get the stamping done while in your home country @ the POE by the officer. And you need a good reason for not going for stamping and being scared due to EVC is not one of them.

 

And for USCIS there is no such thing as bench, while on H1 you are to be working full time and paid at all times by your employer, so I wouldn't suggest you going for the stamping while not working full time for either your employer or the client.

[omshiv]

You do not need stamping while coming back. You need to show your new 797 petition at the POE.

 

But I would advice to travel only when you have a job in the US..else they might send you back from the airport.

[t75]

Are you kidding?  You cannot travel without a job.  If you are not being paid "on the bench", you are in violation of your status.

[hopedream20]

When I say 'I am on bench' it means that I am not going to 'Client location' but my Employer is paying me salary by running my pay check.

[shandan]

You can chose what you need to do, but then you would also assume its consequences.

 

Most employers (non predators kind) these days are paying there employees for couple of months while "on bench" or atleast showing on paper that they did and then terminating them if still not on client project, because of USCIS coming down hard on violators, but still I fail to understand you have an employer who is willing to pay you for doing nothing, when they can just not bring you onboard and not have to pay you, amusing.

 

Good Luck!