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Lost lottery last year so have to back to India. This year i got the lottery. Now I am unemployed for five months. I have been doing volunteer stuff. And I dont have paystub for the previous job. Can I still pass the H1B VISA application in the United States Embassy in India?
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Hasnt your petitioner provided you with enough documentation to get confidence in facing the interview? You H1 petition would have got approved on the basis of the fact that there is already a job requiring your skill set in US, and that you were interviewed for the same by the employer and found suitable for it, and that the employer can pay you as per the law.Originally posted by ringostarrdavis View Post
Your H1 outcome would depend upon the ability of your petitioner to provide work for you and pay you as per the LCA, and the proof you submit thereof.
This is my opinion not legal advice. -
I am assuming that you are currently in U.S in H1B status.
If you are not working and getting paid, then on what basis are you planning to apply for the H1B visa? Does the job still exist? You need a lot of documents from your employer to clear the interview and I hope you are aware of that. If not, check the below linl.
Also, not getting paid while on H1B will make you out of status. Your employer should be paying you irrespective of whether they can provide you work or not. Check the below links to read about H1B holder's rights and responsibilities.
Not a legal advice. Use of this information is strictly at your own risk.Comment
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So you mean that i can be unemployed in India and still pass the h1b visa exam if my American company provides evidence they want me?Comment
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It is not an exam and there is no passing.
You apply for a Visa and they will approve it or deny it.
Your current employment status has nothing to do with it.This is my opinion and not legal advice.Comment
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