H1B renewal- Got H1B in 2008 and stayed in US for 14 months and came back.

sree5782 · August 22, 2013, 3:28am

Hi ,

I got H1B visa in 2008 and I went to US and stayed there for 14 months. During my stay there, I just worked for only couple of months and came back to India. Now my Visa got expired and would like to apply for new H1B visa.



My question is, as I worked only for couple of months there out of 14 months, will it be a problem in getting the Visa again? What should I answer if interviewer ask me why I have worked only for couple of months?  Genuinely it is because of recession at that time and I could not get the project for long time.



Thanks &amp; Regards



Srini

Saurabh · August 27, 2013, 6:13pm

You stayed in US for 14 months and worked only for 2 months? You didn’t maintain status for one entire year. Do not take this lightly. Talk to a good immigration attorney as staying out of status for 1 year can result in a 10 year ban.

Reason for not getting paid doesn’t matter. Your employer should have sent you back or let you go if they didn’t have any projects for you.