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Immigration Issues/H1b - travel with no relieving letter from present employer



I have two questions on travel on H1b visa. Company A based in US has sponsored a H1b visa for me. The visa has been approved.
My present employer in India has now given me an offer that they will place me on a long unpaid leave instead of relieving me and completely severing all ties. During this long leave I am free to travel and work in US. While I am in US I will be employed only by company A (the company that holds my H1 visa).

The questions I have are -
1) Is it legal to be employed in US by company A while I hold employment in India with another company?
2) Will there be any problems for my travel in such circumstances? For example do the US officials at port of entry insist on seeing a relieving letter from the last employer?

Your advice will be appreciated. Thank you.

It is not a problem for you to work for an H1B employer in the US.  H1B's are temporary positions as they are only granted three years at a time.  Thus, the fact that you could potentially return to your Indian Employer at a later date should not have an impact upon your entry and working in the US on an H1B.
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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