Rejoining previous employer on H1b

[pratik0105]

Hello,

I was working for a company in the USA on H1b until march last year, after which I returned to India on a family medical leave due to my father's health. Since his heath did not improve in 3 months, I had to resign from the company while I was in India. Now, I want to return to the same employer and I have received an fresh offer letter from them. They have not withdrawn/cancelled my H1b petition in this period, and the same is still valid for another year.

1) Can I re-enter US on the same h1b petition / visa stamp ?
2) Can there be any problems at the port of entry due to my re-signing and re-joining ? I am entering USA after 10 months gap.
3) Is there any documentation I need to provide apart from my h1b petition / visa stamp / offer letter of employment ?

Just to clarify, I was paid by my employer throughout my stay in the US and I have not worked for any other employer in this period.

[shervin143]

1) Can I re-enter US on the same h1b petition / visa stamp ?
>>> Yes.

2) Can there be any problems at the port of entry due to my re-signing and re-joining ? I am entering USA after 10 months gap.
>>> No issues. Carry proper documents to prove that you have the job available.

3) Is there any documentation I need to provide apart from my h1b petition / visa stamp / offer letter of employment ?
>>> http://www.immihelp.com/forum/showthread.php?t=83968

[mesaleem]

I'm also in similar situation. I came to India and had to stay back here for over a year because of administrative processing.
I had joined a company in india and got H1 petition approve through them but never went for visa stamping.
Later i got my administrative processing completed for my previous US employer's H1B and visa got stamped.
Now i wanted to go to US on my US employer's visa.
Since i also got a H1B petition when i was in India and did not go for visa stamping, will there be any issue at POE when i travel to US on my US employer's visa?
Please reply.

1) Can I re-enter US on the same h1b petition / visa stamp ?
>>> Yes.

2) Can there be any problems at the port of entry due to my re-signing and re-joining ? I am entering USA after 10 months gap.
>>> No issues. Carry proper documents to prove that you have the job available.

3) Is there any documentation I need to provide apart from my h1b petition / visa stamp / offer letter of employment ?
>>> http://www.immihelp.com/forum/showthread.php?t=83968

[shervin143]

No issues. As long as the previous employer's petition remains valid, you can travel to U.S and start working for them (You need to have a valid H1B visa stamped to travel).

I'm also in similar situation. I came to India and had to stay back here for over a year because of administrative processing.
I had joined a company in india and got H1 petition approve through them but never went for visa stamping.
Later i got my administrative processing completed for my previous US employer's H1B and visa got stamped.
Now i wanted to go to US on my US employer's visa.
Since i also got a H1B petition when i was in India and did not go for visa stamping, will there be any issue at POE when i travel to US on my US employer's visa?
Please reply.

[mesaleem]

Thansk Sherwin for your reply.I've one more doubt and read in online forums that i should carry a leave acceptance letter from employer for the period i stayed outside US.
Is this letter really needed. Please answer if you've any information on this.

No issues. As long as the previous employer's petition remains valid, you can travel to U.S and start working for them (You need to have a valid H1B visa stamped to travel).

[shervin143]

You have stayed outside U.S for more than an year and the reason was that you did not get your visa stamped due to admin processing. So all that you need is an employment verification letter from the employer stating that the job is still available and what your roles and responsibilities will be when you join them in U.S.

Thansk Sherwin for your reply.I've one more doubt and read in online forums that i should carry a leave acceptance letter from employer for the period i stayed outside US.
Is this letter really needed. Please answer if you've any information on this.

[arzvi]

Return but with different job

You have stayed outside U.S for more than an year and the reason was that you did not get your visa stamped due to admin processing. So all that you need is an employment verification letter from the employer stating that the job is still available and what your roles and responsibilities will be when you join them in U.S.

Hi
I face a similar situation and came to India last Sep(2011). I got my visa and stamping for a certain job. Before returning to India I changed team and became a team lead. Now my designation is different , with different responsibilities(promoted). Now I want to go back to the states. Since the responsibility is different, will I need to re-apply for new H1b? Please help . sorry to be a wuss but they need me back by mid June so I need to plan quickly.

[shervin143]

If the job responsibilities has chnaged, then the H1B petition need to be amended. You can no longer use theold petition. A new LCA need to be filed before filing the H1B amendment.
https://www.immihelp.com/h1b-petition-amendment/

Hi
I face a similar situation and came to India last Sep(2011). I got my visa and stamping for a certain job. Before returning to India I changed team and became a team lead. Now my designation is different , with different responsibilities(promoted). Now I want to go back to the states. Since the responsibility is different, will I need to re-apply for new H1b? Please help . sorry to be a wuss but they need me back by mid June so I need to plan quickly.