H1-B Visa validity while staying outside USA

[mkatti]

Hello,

 

I was on H1-B visa in USA with my employer, got my I-140 approved also and I had used up around 5 years in my initial H1 period. Later I had to come back to my home country due to some personal emergency. Soon after I came to my home country I got my visa extension for another 3 years based on my I-140, so now my visa is valid till 2015. I could not return back to USA in short time so I started working in my home country with the same employer's offshore branch. After 8 months of my stay in my home country USCIS revoked my petition/visa as I was no more working in USA. Later my employer sent RFE to USCIS stating I am working in offshore office outside of USA and they want to retain my petition/visa to keep valid. USCIS honored RFE and retained my validity of my petition/visa.

 

I heard from the employer saying that I can come back to USA as long as my stamped VISA is valid that is until 2015. My questions are as below,

 

1. I am not sure still how long I need to stay back outside USA. Still USCIS will keep my petition/VISA valid? they don't revoke again if I delay going back to USA another 6 month or a year? Is there any time frame I have to come back to USA to keep my visa valid? or USCIS will revoke visa after certain period?

 

2. My employer said I can come back to USA anytime before the VISA validity date which is 2015 mid. I might just need client letter regarding my job at port of entry whenever I come back to USA before 2015.

 

Thanks for any update.

[pontevecchio]

Is your employer a DCC?

[omshiv]

What Ponte is asking is whether your company is a Desi Consulting Company...not sure why he asked that.

 

anways you are lucky that USCIS honoured the request to keep your H1B alive. somebody in your shoes would have hopped on the next plane and come here by getting the Client letter and other H1 related docs.

 

Why ask for more trouble from USCIS.

[pontevecchio]

The original post suggests the employer is taking advantage of the employee . Employers do not send RFE's to the USCIS. Petition revocation initiated by USCIS is usually for cause. The USCIS has no locus standi in matters related to working elsewhere. The OP would be wise to run his situation over by a Lawyer before attempting to come back.

[mkatti]

Thanks for the update.

Yes, my employer is a Desi Consulting Company, they are into consulting & IT services business as any other desi company, based out both in USA and India. 

I used to work for my employer's customer companies as consultant on contract basis but my H1 & GC processing are being maitained by my employer. So I would need client letter stating I have some job in USA if at all officers at Port of entry ask for it because I will not be working for my employer's projects. As mentioned at this moment I am working at my employer's offshore office out side USA and I am planning to come in future but it may be after 6 months or 1 year. 

 

Clarification I needed is will USCIS revoke my petition again if I delay coming back to USA? Is there any specific time frame I need to come back to USA to keep my petition/visa valid? Now I  have my petition/stamped Visa valid till mid of 2015 and I have my approved I-140. I heard it will remain valid till that time and I can come to USA anytime before this petition/Visa validity only thing I would need is a client letter if at all officers ask for it at Port of Entry while I entering USA.