letter to go back to India

alertpersons

Registered Users (C)
My project got over on March 15 2009. I am not getting new project and I have to return back to my home country, India.
I am on H1B, my I-797 is valid till March 2011. My I-140 is approved in Oct 2008 (Perm date: June 2007). The visa in my passport has expired so when I get a new project I will have to go to US consulate, Mumbai for visa stamping.
I asked my employer to give me a letter saying that due to bad economic conditions, he is not able to get a project for me and ask me to go back and he will market me from India and when I get a project, I can come back. Thus when I go for stamping, I can explain why I returned back to India. My employer says that since my Green Card process is going on, this kind of letter is contradictory since grencard means employer is able to offer permanent employment, while the letter says he is not able to offer employment. So instead he is asking me to give a leave letter for personal matters etc. for indefinate period.
My question is: Is it really contradictory for my employer to give such letter and should I give my leave letter

Can you please reply ASAP.

Thanks in advance
 
You do not need such a letter. You need to leave the country if you will not be paid on bench. When you get a project then apply for visa with current project letter and current job letter from your employer. You will not lose time from 6 years while you are in India and you will also not have any out of status problems. But you will have problems with getting visa if you do not have a current project. In the meantime you can work in India.
Also, your GC job is separate from all this. I-140 is a separate petition.
 
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