Urgent Help:H1 B status_travelling to India


swetha.garlapati

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Posted

HI,

Am working as a full time employee in a small company .My H1 B Has been approved for 3 years.Am going to india on my wedding account.I have only 2 weeks of vacation that is permitted in our company I requested for another week for loss of pay or in any other way.But they are not accepting my request.So am planing to take leave for 3 weeks for sure .saying that last week am sick or some other reason.Am planing to go stamping as soon i reach India .My concern here is If they feel that I did everything intentionally (obviously they will think so ) If they plan to take me off from the job. How long does they take to do the process and Can i enter normally in to the US.what are my risks ?.

 

Please suggest me something.

 

Thanks In Advance 

swts

Posted

HI,

Am working as a full time employee in a small company .My H1 B Has been approved for 3 years.Am going to india on my wedding account.I have only 2 weeks of vacation that is permitted in our company I requested for another week for loss of pay or in any other way.But they are not accepting my request.So am planing to take leave for 3 weeks for sure .saying that last week am sick or some other reason.Am planing to go stamping as soon i reach India .My concern here is If they feel that I did everything intentionally (obviously they will think so ) If they plan to take me off from the job. How long does they take to do the process and Can i enter normally in to the US.what are my risks ?.

 

Please suggest me something.

 

Thanks In Advance 

swts

Well, if they send you a termination notice or revoke your petition you cannot enter US with existing employer's I797. You need to find a new employer to file a cap exempt H1B petition and with new I797 can enter US.

Posted

i am sorry to hear that. and for sure that employer is crazy. how can some one not accomodate/grant extra week leave for marriage? i would surely look for new employer before i plan to leave india if possible.

 

you will have very short window for attending Visa interview as it is a 2 steps process and 2nd step needs to be after 48 Hrs if I remember correctly. If all goes well at interview you should be good but if you get 221g then you will need more time to get your Visa.

 

if they fire you when you are away, then you will have to find new employer and then get new approved i797 to re-enter into US.

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