Entering US after staying 2 years in India

[mohit1983]

Hi All,

I got my H1 stamped in March 2009, after that I did not come back to the US due to some personal problems. Meanwhile I started working for company in India. My employer in the US did not revoke my H1 and just recently he started marketing my profile and I got a job. The problem now is that my VISA is expiring in OCT-2011.

Is it advisable to come to the US after a gap of 2 years and when my VISA is nearing expiry?

If I make it to the US, will I be able to get my VISA extension?

Will I have any issues when I go for a VISA stamping if VISA extension is approved?

Please reply urgently. Experts please help.

[shervin143]

Is it advisable to come to the US after a gap of 2 years and when my VISA is nearing expiry?
>>> Not an issue as long as the job still exist and you carry proper supporting documents prove that the job exist.

If I make it to the US, will I be able to get my VISA extension?
>>> Possible as long as the documents to extend the status reach USCIS before your I-94 (at your will get at the POE) expires.

Will I have any issues when I go for a VISA stamping if VISA extension is approved?
>>> Hypothetical questions cannot be answered. Success of a visa stamping depends on the documents you carry, the reputation of your employer and your qualification and experience to qualify for the job.

[mohit1983]

Thanks Shervin,

I like to know what documents are needed for an extension, especially how many pay stubs are required?

What can I say when they ask me why I was away for 2 years from the US?

[shervin143]

I like to know what documents are needed for an extension, especially how many pay stubs are required?
>>> The same set of documents that you gave your employer when the H1B petition was filed for the 1st time. No pay slips are required since you have been staying out of U.S for 2 years. Payslips are required only if you were working in H1B status in U.S.

What can I say when they ask me why I was away for 2 years from the US?
>>> They don't really care and there will be no such question. If asked, tell them the truth. It is not mandatory to work in u.S just because your petition and visa got approved.