One of my friend is going to india, he is on H1B, he wants to come back after 1 year. will H1B suspended ,will he come back with no issues.
He has H1B Stamping and his H1B valid till 2016.
Will all boil down to how CBP will react when seeing that "friend" at the airport once comes back.. Likely not very good at all.. What will "friend" answer when asked "are you still working for the XYZ IT co.?" Cannot seek to reenter with an H-1B (or any other work visa for that matter) if the purpose of his/her travel is not to resume work for the H-1B employer.
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He can only enter the U.S. on that H-1B visa if he is coming to the U.S. to work for that H-1B employer. After a one year absence, he may be asked to produce documentation that he is coming back to work for that H-1B sponsor.
No he can not use a 'dead' H-1B visa stamp to enter the US. He will need pay stubs and/or an approval notice for a job that is waiting for him.
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