OPT to H1B

[h1visahelp]

Hi, I am currently on OPT and this is going to be expire in JUN-2011. I am planning to apply for H1B visa this month. Because of some medical reasons (I am pregnant), I am unable to work now. My employer is telling me that I need to have a job in hand to apply for h1b visa and then only we can provide all required documents (client letter) if we get a RFE in h1b process.
My question is, do I really need to be on job in order to apply for H1B visa and
if I get a query for client information, can I show this medical reason why I am not being able to work.

I am getting paid every month and I have all my paystubs and last year w2 form. Is this enough to apply for a visa. Please suggest me.


Thanks.

[shervin143]

All that your employer need to prove is that there is a job available for you to work from October 1st (H1B effective date). If your employer is running a consultancy company, then they will need to show client letter to prove that you will be working at the client location starting Oct 1st. And until the COS to H1B is effective, you need to maintain a valid immigration status.

[kabkaba]

Your employer needs to provide you a project if they are into consulting business. They need to provide USCIS documentation showing project availability so that they can prove that they have a job waiting for you. When your employer files H1 petition, you have a job with them all the time - project or not.