H1B stamping from India before start of job

[ados1612]

I'd appreciate your input on this issue.

Background: I did my MS in US and the OPT period ended in Aug 2004. After that I was on H4 visa till now. The F1 visa stamped on my passport has already expired. I have applied for H1B visa through a contracting company in early Sep 2005.

Issue: I'm going to India in late Dec '05 and coming back in Feb '06. I'll most probably have H1B issued by that time but I would not have start working by that time.

- If I go to US Consulate in India for H1B stamping, are there any chances on visa being rejected?
- What supporting documents should I have to make my case stronger (since I won't be having any salary slips)?

Any word of advice from somebody who has gone through this situation would be greatly appreciated.

Thanks,
Aakriti

[veena_swsh]

Hi Aakriti,
You will be taking a big risk going for the H1B stamping if the petition has been approved and you have not started working for them.
Either you can go for your H4 stamping if your petition is not approved by the time of going to India or go immediately after approval before you can actually start working for H1B Co.(without losing much time). It is better you consult an attorney knowing the risk-free option.