Returning back to USA after 8 months in INDIA

hkadali · April 25, 2013, 10:48pm

Hi All,

  I work for CTS in USA. I came to India in November 2012 for marriage. I got my H1B VISA stamped in December 2012. After that i stayed back in India due to mothers surgery. She had undergone major surgery and I stayed back to look after her. I was transferred to India and continued working for CTS from offshore. 

Now CTS is planning to send me back to USA, Probably in the first week of June 2013. My VISA ends in september. CTS would be applying for extension in premium after i come to USA in the first week of june, but would like to know if the time would be sufficient to acquire required documents and apply for extension. (Paystubs). How many paystubs are required for extension?

And one more thing is that i have been out of USA since november 2012. Would it be a problem if i enter USA in June 2013? Since there is a gap of  more than 6 months. This is my primary concern. I wanted to know if there will be any problem at the port of entry.


Is there any rule that i have to go for re-stamping if i am out of USA for more than 6 months?  I heard this from my colleague. I searched for it on many forums  and there wasn't any post like that. Is there anybody who faced similar situation of being out of USA for long time and returned back?

Please help me. You help in this regard is greatly appreciated.

Thank you!

Saurabh · April 28, 2013, 12:47pm

Entering in June should give your employer enough time to file for extension before the petition expires in Sep. They will need 3 most recent payslips - and this could be over the period of your original stay and new stay. For example, if you file for extension in Aug, then you need Aug payslip, and Oct 2012, Nov 2012 payslips. You will also need the W-2 from 2012.
There will be no issue at PoE b/c of the gap in stay. Just carry recently dated documents including company’s letter inviting you to come to US and work for them. No stamping required as long as your current visa stamp has not expired. If your spouse will be traveling on H-4, then that H-4 visa stamp will be required.