Travelling To India with H1 Stamping and No Project

[mrskk]

Hi All,

 

I recently got my H1B stamping from Hyderabad till 2015 ,Im currently  working   as a contractor from  a small private company(ie..,im an employee of small consultancy) to a client in new jersy .I'm planning to visit india early next year for family wedding is it mandatory for me to have project in hand during travel or will there be any problem if I comeback to usa while staying on bench .Please let me know the things to be taken care.Thanks in advance.

 

Thank you

mrskk.

[jairichi]

Hi All,

 

I recently got my H1B stamping from Hyderabad till 2015 ,Im currently  working   as a contractor from  a small private company(ie..,im an employee of small consultancy) to a client in new jersy .I'm planning to visit india early next year for family wedding is it mandatory for me to have project in hand during travel or will there be any problem if I comeback to usa while staying on bench .Please let me know the things to be taken care.Thanks in advance.

 

Thank you

mrskk.

You need to be paid by employer whether you have a project or not. If there is no project with your client in New Jersey and at POE if immigration officer calls up your client to verify what would be your situation? I know it will be deportation and a life long ban.

 

Best would be find a real employer who has a job for you and get your H1B filed by them.

[JoeF]

You have to get paid on bench, and since it is known that most small desi consulting companies don't do that, you may well get into problems when you return.

Your employer needs to find you a project. It is in his best interest to do so, because he has to pay you no matter what.

[bhalc]

"staying on bench" - this is not correct.

You should get paid ALL the time from your consultancy.

[zealot]

Project is not a must but you must be paid by your employer for every single day you are on H1. For stamping you must be paid and can probably use existing or employers internal projects.

[JoeF]

Project is not a must but you must be paid by your employer for every single day you are on H1. For stamping you must be paid and can probably use existing or employers internal projects.

Only if such "internal projects" actually exist.

Lying is a big no-no, and can result in a lifelong ban.

And the LCA would show the client location, so it is easy for the officer to find out if the person is lying.

[tusharvk]

would you have pay stubs if questioned?

or a letter mentioning your job details?

[karthiS]

would you have pay stubs if questioned?

or a letter mentioning your job details?

 

 

Only if such "internal projects" actually exist.

Lying is a big no-no, and can result in a lifelong ban.

And the LCA would show the client location, so it is easy for the officer to find out if the person is lying.

 

I am having similar situation my project is ending but my employer pays me irrespective of when i am at client location or in vacation . 

 

 

Do we need to show LCA at port of entry ? which means do i need to apply a new LCA from employer location for my vacation period . 

[andiamo]

Folks,

 

Can someone educate me on how this works if a candidate with an approved petition is going for H1-B stamping the first time.

 

There would be no pay stubs to substantiate since he/she would have not started project work yet.

[jairichi]

Folks,

 

Can someone educate me on how this works if a candidate with an approved petition is going for H1-B stamping the first time.

 

There would be no pay stubs to substantiate since he/she would have not started project work yet.

If you have started working from Oct 1st 2013 on a cap subject H1B petition approved for fiscal year 2014 and immediately going for stamping there is no need for pay stubs. But, if you are going for visa stamping a few months after approval you absolutely need pay stubs.