Unemployed at the time of Consulate Interview on 6th Oct, 2005 - Reply ASAP

[jaganms]

Question: Is it mandatory, that an H1B applicant should be currently employed when he presents himself for the H1-B interview?

My Case:
I've been working as a Programmer for the past 3 years in a software company in Chennai, after completing my Master's Degree in Computer Applications and Bachelors Degree in Computer Science.

My employer asked for my Degree Certificate originals when I joined the company on 16/9/2002, and I gave it to them.

I was notified by my future employer in the US, that my H1B visa got approved on August 30th, 2005. They had couriered me the relevant document for attending the H1-B Interview.

My current employer told me that as per the company policy, my Degree Certificate Originals will be returned to me along with the relevant Work Experience letters, only when an employee resigns from the company. So, I resigned from my present company on 16th September, 2005 and got my Degree Certificate Orginals and the necessary Work Experience Letter and Salary Certificates.

As of now my current work status is unemployed.

My H1-B interview at the Chennai US Consulate office is scheduled on October 6th, 2005.

1) Should I attend the consulate interview as scheduled on October 6th or is there a problem?

2) Should I mention "none" for "Present Employer" in the DS-156 form?

3) My Brother is already working in the US (H1B) in the same state where im going. Should I mention his presence in the US, in the visa application form?


Please advise.

Expecting ur reply ASAP.

Jagan

 

[max2k1]

1) Should I attend the consulate interview as scheduled on October 6th or is there a problem?
--> There is no problem - H1 visa is for you to work in the US - why should anyone care if you are presently unemployed ?!?


2) Should I mention "none" for "Present Employer" in the DS-156 form?
--> Yes - which is the truth.


3) My Brother is already working in the US (H1B) in the same state where im going. Should I mention his presence in the US, in the visa application form?
--> Of course YES -- NEVER ever lie on a immigration form. Its a deportable offense & could trigger a re-entry bar.
H1 is a full dual intent visa - you don't have to prove that you have any ties back at your home country.
By LAW, consulate cannot deny your H1 for expressing an immigrant intent - you can clearly state that you intend to immigrate (if that's the real deal) and they can't hold it against you.

simple rule of thumb: Irrespective of anything, you should never knowingly lie on a immig form !