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  1. #1
    Join Date
    Nov 2006
    Posts
    10

    Default H-1B Issues After Absence From U.S. For Medical Treatment

    Out of so many websites i have checked out in the recent past, this is the only website i can hope to get an answer from. I would really appreciate if someone can provide me any guidance with my problem (stated below):

    My situation:

    I have a job in the US. i hold a valid H1B. i have been working for this company in the US since jan 05. but recently (june 2006) i had to come to india to get some medical treatment done and i haven't been able to travel to the US since june 2006. i plan to return to the US in first week of march 2007, which would mean that i have stayed out of the country for 9 months and now i am returning back.

    I have two questions:

    1.)
    Do you think i will face any problem at the immigration. will it be beneficial to carry any documents with other than my i797 i.e. doctors certificate, medical bills, employers letter, etc?


    2.)
    I want to transfer to another company when i move back to the us. but at that point i won't have any latest pay stubs. the only available pay stubs i have are from last week of may 2006. do you think i will be able to transfer with 10 months old paystubs?

    I would really appreciate any guidance on any of my problems

    Vik.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    Are your I-94 and H-1B still valid? Are you seeking to entirely avoid working for your current U.S. employer?

  3. #3
    Join Date
    Nov 2006
    Posts
    10

    Smile Re: H-1B Issues After Absence From U.S. For Medical Treatment

    Hi Mr. K.
    Yes. MY I- 94 anf H1B are valid till mid june 2007. I am not seeking to entirely avoid working for my current emplyer. but i was just wondering what the process would be for transfering H1B (with 10 months old pay stubs), if i were to take up any of the offers i have.

    Thanks
    Vik

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    If you can document the sick leave, and that it was authorized by your current employer, the USCIS should consider the sick leave in relation to your request for a visa transfer. (Consideration of your reason doesn't mean that the USCIS will necessarily accept your explanation.)

  5. #5
    Join Date
    Nov 2006
    Posts
    10

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    Thank you very much MR K. so it means that normally last few pay stubs are required to transfer H1B from the current employer to the new employer.

    About my other question, do you see any problem for me to re-enter USA in first week of March 2007? also, will require any documentation at immigration (port of entry?

    Vik

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
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    98,846

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    If it were me, at a minimum I would take written authorization of your sick leave from your employer, a letter from your employer indicating your return to work, and some evidence of your diagnosis and treatment history, perhaps in the form of a letter from your doctor. I don't know your full situation, so my reflex for caution has been triggered and I suggest you consult an immigration lawyer.

  7. #7
    Join Date
    Nov 2006
    Posts
    10

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    Thank you very much for your advice Mr K.

  8. #8
    Join Date
    Aug 2005
    Location
    NY
    Posts
    163

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    Vik,

    You may certainly encounter serious problems with the CBP when trying to reenter. You must document your absence... Also, if you are thinking of starting a new H-1B, why don't you consular process the visa in India? Certainly, you may want to consult an attorney with all your documents and dates.

    Best regards and Happy Holidays!

  9. #9
    Join Date
    Nov 2006
    Posts
    10

    Default Re: H-1B Issues After Absence From U.S. For Medical Treatment

    hi

    so is it ok if i get my visa transfered while i am in india?
    Will i have to get a new visa before leaving for the US?

    Please help
    Thanks
    Vik

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