H1b Visa interview : Unpaid leave for 45days

[devas]

Here's my timeline:

Came to US in 2007 on H1B with Employer A.
Gone to India for H1b renewal in 2009 December ( for my wedding ).
Visa Rejected in 2010 March with 221g( Reason : my employer's improper documentation). My wife came back to US since she is on OPT at that time.
Applied H1B again in 2010 with same client and came to US in 2010 November.
But I got contract in January 2011,since November/December months being holiday season.
My Employer did not run pay check since I went on a road trip to NY. It;s kind of a unpaid vacation.
After 6 moths of working with him on a project at client location, I moved to Employer C on June 2011 ( Current Employer - Reputed US firm) as a full time employee and had 140 approved for 3 more years.

I'm planning to go for stamping. For sure I should not have any problem with my current employers documentation.

My question is: Is the answer "unpaid vacation" fine with the officer at the Consulate.

Thanks in advance.Please help me with your valuable advice's and thoughts.

[Nattybone]

Here's my timeline:

Came to US in 2007 on H1B with Employer A.
Gone to India for H1b renewal in 2009 December ( for my wedding ).
Visa Rejected in 2010 March with 221g( Reason : my employer's improper documentation). My wife came back to US since she is on OPT at that time.
Applied H1B again in 2010 with same client and came to US in 2010 November.
But I got contract in January 2011,since November/December months being holiday season.
My Employer did not run pay check since I went on a road trip to NY. It;s kind of a unpaid vacation.
After 6 moths of working with him on a project at client location, I moved to Employer C on June 2011 ( Current Employer - Reputed US firm) as a full time employee and had 140 approved for 3 more years.

I'm planning to go for stamping. For sure I should not have any problem with my current employers documentation.

My question is: Is the answer "unpaid vacation" fine with the officer at the Consulate.

Thanks in advance.Please help me with your valuable advice's and thoughts.

Hello, Devas.

You have had a successful visa transfer to your current employer in June 2011 POST this unpaid vacation of December 2010. So, if there was a problem, it would have reflected at that point. However, do take something in writing - that you had applied for leave and your employer had okayed this leave. Your employer should sign this letter. You might not need this letter, but if you do, it is good to have it handy.

Wishing you luck.

Cheers,

[devas]

Thank you very much for your thought on my story. I was very positive and confident to go for visa stamping till the other day.

Just incase the officer ask me for previous W2 forms , I had for 2007,2008,2009 and 2011,2012. 2010 W2 is missing because ( From Jan2010 to november 2010 I was in India and came to US on November 11 ) So , I don't have pay check from November 2010 till december 31,2010.

And yes I had H1b transfer to current employer with no issues. Just worried the way USCIS works. At the time of H1b transfer they might have missed asking me the previous W2 forms/tax returns.

Thanks
Devas.

[Nattybone]

Thank you very much for your thought on my story. I was very positive and confident to go for visa stamping till the other day.

Just incase the officer ask me for previous W2 forms , I had for 2007,2008,2009 and 2011,2012. 2010 W2 is missing because ( From Jan2010 to november 2010 I was in India and came to US on November 11 ) So , I don't have pay check from November 2010 till december 31,2010.

And yes I had H1b transfer to current employer with no issues. Just worried the way USCIS works. At the time of H1b transfer they might have missed asking me the previous W2 forms/tax returns.

Thanks
Devas.

Hello, Devas.

Generally, what happens is during the interview, they ask you to show them last few pay stubs - maybe last 3 - 4 months. I do not think there is any problem as you have an approval. It is your call, eventually.

As you are in legal status, i do not see any pressing need to go to India for stamping. I would not go for stamping unless i have something important in India.

I hope this helps.

Wishing you luck.

Cheers,

[devas]

Thank you again for the prompt reply.

I have my own brother's wedding in december so I'm planning to go to Tijuana ( Mexico) for stamping rather than to India since I wanted to enjoy my stay in India with out any disturbances in between. Also I live close to Mexico Border.

Thank you very much for your valuable thoughts

[jims79]

Thank you again for the prompt reply.

I have my own brother's wedding in december so I'm planning to go to Tijuana ( Mexico) for stamping rather than to India since I wanted to enjoy my stay in India with out any disturbances in between. Also I live close to Mexico Border.

Thank you very much for your valuable thoughts

Please let us know your experience. I have the same issue with some pay missing for few months and planning for visa interview in two months.