H1B visa re-entry without client letter

[paulem]

I was working with company A,till Aug 2012.I changed to company B , with client C on Aug 2012 and have been working there till now.My contract extends every 6 months.Now I have to go to India for personal reasons.My visa got transfered and extended when I moved to company B during Aug 2012, and the new Visa is valid still July 2015.My H1b visa with old company is stamped on my passport till Sep 30, 2013.I am planning to return before visa ends because ,as per my client's HR policy , they wont provide me with client letter untill I recieve 221 G or RFE. My question is if I come back to US before my visa stamped in Passport expires.

1. Will the customs officer ask me for client letter, is the client letter mandatory at POE ? I have all the papers with me except client letter, my consultant firm is a direct recruiter for my client.I mean there are no intermediate layers.
2. Will they call and verify with my client if I dont have client letter.if yes how do they verify , will they directly call or ask for any fax.My client manager is ready to confirm my visa status if somebody calls , but sending a letter through fax is against there HR policy
3. Do I need to set my POE(Port of Entry) as my working location or any POE is fine (as there are no direct flights from my home location to work location in US)

Do I need to take care of anything else before entering US

[raghvi]

I was working with company A,till Aug 2012.I changed to company B , with client C on Aug 2012 and have been working there till now.My contract extends every 6 months.Now I have to go to India for personal reasons.My visa got transfered and extended when I moved to company B during Aug 2012, and the new Visa is valid still July 2015.My H1b visa with old company is stamped on my passport till Sep 30, 2013.I am planning to return before visa ends because ,as per my client's HR policy , they wont provide me with client letter untill I recieve 221 G or RFE. My question is if I come back to US before my visa stamped in Passport expires.

1. Will the customs officer ask me for client letter, is the client letter mandatory at POE ? I have all the papers with me except client letter, my consultant firm is a direct recruiter for my client.I mean there are no intermediate layers.
2. Will they call and verify with my client if I dont have client letter.if yes how do they verify , will they directly call or ask for any fax.My client manager is ready to confirm my visa status if somebody calls , but sending a letter through fax is against there HR policy
3. Do I need to set my POE(Port of Entry) as my working location or any POE is fine (as there are no direct flights from my home location to work location in US)

Do I need to take care of anything else before entering US

1. The client letter is not generally asked for but its possible they may. You have to show the latest petition and request for a I-94 to match the same i.e. til 2015.
2. Generally not, but if they get supicious they may call up the employer/client and ask about your work.
3. Not required but if its same its good.

There have been cases where one is given I-94 only till the visa expiry date irrespective if the petition was expiring much later. In that case you would have to file an extension as soon as you reach US.

This is my opinion not legal advice.

[paulem]

Thanks for the update.just because if i don't have the client letter will they deport me.I mean is client letter mandatory at the port of entry.I checked with my consultant they have updated me like employment letter is enough,but I am not sure.

1. The client letter is not generally asked for but its possible they may. You have to show the latest petition and request for a I-94 to match the same i.e. til 2015.
2. Generally not, but if they get supicious they may call up the employer/client and ask about your work.
3. Not required but if its same its good.

There have been cases where one is given I-94 only till the visa expiry date irrespective if the petition was expiring much later. In that case you would have to file an extension as soon as you reach US.

This is my opinion not legal advice.

[raghvi]

Deportation is extremely rare in these circumstances. An I-94 till only your visa expiry would be the worst case scenario.

This is my opinion not legal advice.