Entering US on H1

S

shakti1970

New Member
Please advice. I have a valid h1B expiring on Mar 2007. I came to India on Sept 05,2005 after staying for 4.5 years. I am in India since then ( more than a year) and now want to visit us for some business trip on the same h1 b visa. Can I travel to US on the same visa in Oct 06? I have started my own business in India and was not working for any company. I have also filed for my 2005 Taxes. Do you forsee any issues during immigration.

Pls. advise.

Thanks
 
Are you still employed by any H1 sponsor ?
If not, entering the US with that visa is not allowed.
 
Thanks a Lot. I am still employed in the sense they have not cancelled my h1B but I have not been paid for last 1 year. The last pay stub is of september. Any proof required of employment?

Thanks
 
You proof of employment is every year W2 from your sponser.



shakti1970 said:
Thanks a Lot. I am still employed in the sense they have not cancelled my h1B but I have not been paid for last 1 year. The last pay stub is of september. Any proof required of employment?

Thanks
Click to expand...
 
Thanks a Lot for the info.

As mentioned earlier, I have Last Year's W2 and also filed my Taxes. I don't have any pay stubs starting from Jan 2006. Is last year's W2 enough for me to travel?

Pls. Advice.

Thanks
 
shakti1970 said:
Thanks a Lot for the info.

As mentioned earlier, I have Last Year's W2 and also filed my Taxes. I don't have any pay stubs starting from Jan 2006. Is last year's W2 enough for me to travel?

Pls. Advice.

Thanks
Click to expand...

Technically you are not allowed to enter US as you no longer work for the employer. It does not matter whether they have withdrawn your H1 or not. It does not matter if you have not worked for the employer for only a day, week, month, or year. Bottomline is that you don't work for them anymore. When you enter US they will ask you what you do for the employer. You can lie if you want and they may not check. But you are doing something illegal and you might get caught eventually.

I would not recommend doing such a thing and applying for a B visa.
 
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