3+ month Travel on h1b (With VALID stamp) but expiring h1b: HELP plz

[dream16]

Hi

 

I have a valid h1b visa till April 1,2014 and now going to India from October 15th till January 20th,2014 ==> so a 3+ month trip.

 

Note: MY Current Project has ENDED and i work in Employer-Vendor-Client model through ofcourse a "DESI CONSULTING firm"

 

I am taking:

 

1. Employment Verification Letter

2. Approved Vacation Letter

3. I-797

 

Will POE officer create an issue for me by asking:

 

Since your visa is getting expired in 2 months, why are you coming back? Do you have work?

 

My answer should be: Yes i am joining back my work at (Will mention my employer's location)

 

Please advice

[jairichi]

Hi

 

I have a valid h1b visa till April 1,2014 and now going to India from October 15th till January 20th,2014 ==> so a 3+ month trip.

 

Note: MY Current Project has ENDED and i work in Employer-Vendor-Client model through ofcourse a "DESI CONSULTING firm"

 

I am taking:

 

1. Employment Verification Letter

2. Approved Vacation Letter

3. I-797

 

Will POE officer create an issue for me by asking:

 

Since your visa is getting expired in 2 months, why are you coming back? Do you have work?

 

My answer should be: Yes i am joining back my work at (Will mention my employer's location)

 

Please advice

Yes, a question might be asked and so better to travel with an approved extension, available project and client letter.

[kumar_y]

You can file for extension  6 months prior to the expiration of H-1b ( I did the same thing ). Since you are on vacation and outside US employment can't be the problem. However you need to get paid even thou you are on bench ( while you are in US)