On the bench and wants to leave the country for some time

gchetna100

Registered Users (C)
My friend is H1B holder through a contracting company in california. This compnay pays her a monthly salary. Her H1B expires next year in Dec 2005. She was working uptil now with a client of the contracting company for the last two. The project with this client is expiring end September. So she will be on the bench till they find a new project for her. In the mean time she wants to go to India on a long leave for 5 months for personal reasons. The contracting company is willing to hold her H 1B visa. She just won't be getting paid till the time she comes back and is put on a project again. Will she have a problem when comes back at the PORT OF ENTRY? She will be gone for 5 months and will not have pay stubs to show for the last 5 months. What kind of trouble is she asking for?

thanks
 
gchetna100 said:
My friend is H1B holder through a contracting company in california. This compnay pays her a monthly salary. Her H1B expires next year in Dec 2005. She was working uptil now with a client of the contracting company for the last two. The project with this client is expiring end September. So she will be on the bench till they find a new project for her. In the mean time she wants to go to India on a long leave for 5 months for personal reasons. The contracting company is willing to hold her H 1B visa. She just won't be getting paid till the time she comes back and is put on a project again. Will she have a problem when comes back at the PORT OF ENTRY? She will be gone for 5 months and will not have pay stubs to show for the last 5 months. What kind of trouble is she asking for?

thanks

In my opinion, none. She is on an extended, unpaid, vacation. This time has been granted by the company. I see no problems as long as the company is unequivocally willing to state that they will employ her when she returns. She will certainly need a letter to that effect when she reenters. It's possible that the border official will not believe that there is a job available for her but I think that is unlikely as long as the company will send a letter clearly stating that a job is available and that she is needed immediately.
 
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