Got H1B approved, but need to go to INDIA.

[sas11]

Hi,

 

Curenty I'm on H4. I have my H1B approved in April 2013 for 3 years with COS from 1st oct 2013

I do not have a job right now, but i need to go to INDIA for almost 1 and half years.

So, my question is whether,

 

1. I have to go to India before 1st of Oct 2013 or is it ok to travel after 1st of Oct 2013 so as to preserve my H1B .Also which will allow me to work after returning from INDIA.

 

2. Or is it possible to come US in H4 again and apply for COS to H1B to avoid H1B stamping.

 

Thank You.

[rajkiran20]

I'm not a legal expert ...but based on my experience , and i can answer your question . 

 

1. I have to go to India before 1st of Oct 2013 or is it ok to travel after 1st of Oct 2013 so as to preserve my H1B .Also which will allow me to work after returning from INDIA.

 

Ans :  you can go to India ,and your H1B COS will be effective from Oct 1st 2013 irrespective of out of country .  You need to get stamped on H1B before reentering into USA , You need to have a Job or client letter for Stamping. 

 

2. Or is it possible to come US in H4 again and apply for COS to H1B to avoid H1B stamping.

 Ans : I don't think it is possible . If this is the case , everyone will do it .

 

Not a legal advice :) 

[rahul412]

 

I do not have a job right now, but i need to go to INDIA for almost 1 and half years.

So, my question is whether,

 

1. I have to go to India before 1st of Oct 2013 or is it ok to travel after 1st of Oct 2013 so as to preserve my H1B .Also which will allow me to work after returning from INDIA.

 

2. Or is it possible to come US in H4 again and apply for COS to H1B to avoid H1B stamping.

 

Thank You.

 

How did your employer filed your H1 without a JOB???

 

1.You can go to india at any time. But if you are planning to enter on H1, you need H1 visa stamp

2.Yes, it is possible.

[rahul412]

1.You can go to india at any time. But if you are planning to enter on H1, you need H1 visa stamp

2.Yes, it is possible.

Hold on. I think I am not correct here. I don't wanna mess up here, just  wait for more replies...!!!

[aru27]

It's a suggestion. If you have made your mind to go to india for such a long period, then you can do couple of things. I was also in a similar situation but decided to get an expert legal advise. Ultimately, I did not go.

 

1. Talk to your attorney not your employer. 

2. Talk to murthy lawyers

 

Pointers for you:

Like do we need to apply for a change of status or you have to travel before Oct1st. After october 1st your status will be H1B

 

One more point, if you stay out of USA for 365 days then i think your employer will revoke your H1B. You need to file a cap exempt petition again.

 

 

Get paid advise if required.

 

We all reply based on our experience.

 

Just to quote:

I went India recently and had my non-expired visa stamped by my previous employer. No questions asked when I showed my present I797.

Have heard and known people who have been grilled at the POE. 

This does not mean I tell based on my experience this is the rule.