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H1 status working for 2 employers in different countries

Sent to Immigration Law Experts May 14 04:56 AM

An employee (myself) works for a company A in the US . Due to some personal reasons and issues with his family, the employee is required to go on voluntary unpaid vacation and travel to his home country ( India ). While in his home country, to sustain himself financially, the employee seeks temporary employment with company B (which is an Indian company). AFter about 2 months of employment, Company B wants to send the employee on a project to US and so it files for a H1 Transfer for the employee. Although the H1 transfer petition of company B gets approved, the approval notice gets lost and the employee never uses it as he does not want to travel to US due to his personal family issues in his home country.
After about 10 months, the employee is able to resolve the issues at home and is ready resign from company B in his home country and come back to the US to resume employment with company A (the US based company). During all this time, the employee's H1-B visa with company A remained valid and not revoked becuase he had seeked a voluntary unpaid vacation to address his personal issues at home, so the employee-employer relationship is maintained with company A in the US. The question is what documents, in addition to a valid H1B visa (in passport) and the valid I-797 petition (for company A), will the employee require to return back to the US to resume his employment with company A.

Edited by Customer (name blocked for privacy) on May 14 2008 at 5:42 AM

Customer (name blocked for privacy)
Answer
May 14 9:20 AM (4 hours and 23 minutes and 17 seconds later)
         
ACCEPTEDCheck Mark
None. It sounds like you have all that you need. If the visa stamp is still up to date, you should have no problems getting back in. If it will make you feel better, take with you some evidence of the last 2 or 3 paychecks you got from company A, a statement from the company that you were taking an extended unpaid leave of absence to resolve some family issues, and if the issues were medical in nature, take some evidence of that such as medical reports. But as I said, as long as the visa stamp is valid, you should be ok. Good luck!


Guillermo J. Senmartin, Esq.
Attorney At Law
Admitted in Florida (http://floridabar.org ) and Federal Bar

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Reply
May 14 11:46 PM (14 hours and 25 minutes and 53 seconds later)
         
Thanks for this answer. But the fact that Company B had filed for H1 transfer for the employee and their petition got approved does not matter, right? The employee will not have to carry any documentation related to company B to travel back to US to resume his work for Company A? Is this correct?
Answer
May 14 11:55 PM (9 minutes and 44 seconds later)
         
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