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My situation is a little different from the ones that have been mentioned in the US visitor visa questions in this forum so far ( atleast from what I have searched ) . Here is my situation -

  1. I did my Masters in Computer Science from a US University, then worked as a full time employee at a US company for 5 years.

  2. I had to take a break to take care of my stuffs in India, so I came back to India after quitting my job this year.

  3. It's been 5 months since I did quit my job and I am still unemployed. I have a valid H1-B visa stamped on my passport 5 months back . It is valid until July next year.

Now, I am trying to apply for tourist visa to USA to visit my relatives. I have strong ties back in India - Own home, parents in India. I also have financial support to show as supporting document. I have visited Canada using a visitor visa multiple times before.

I have the following questions -

  1. I am wondering- Since I am unemployed and single, is there more probability for my visa application to be denied?

  2. What will happen to my stamped H1-B visa? If CWOP what are the implications of that?

Thanks for reading and thanks in advance for answering!

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  • I am working on certain ideas for business, but haven't dived deeper into it yet!. Also, I am into stock markets on a daily basis. But I am not sure if that would be considered as employment – brisbeck Jul 2 '16 at 19:59
  • I am in a similar position as brisbeck. However, I have been out of the US for over 3 years and I also worked here locally. I quit my job to take care of family business as I couldn't do both full time job and take care of other things. Also, I have no valid H1-B. I just to want to see an old friend as she is going through a hard time. That said, I have a master's from the USA, worked there for a bit and returned voluntarily with no intent to work in the US again. However, I am also single and work in my family business (though it is in my dad's name) and also do pro-bono work. How favorable i – Kav Jul 16 '17 at 17:14
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Strictly speaking, there is nothing wrong with your proposed trip. On the other hand, there are (as you note) some circumstances that may raise questions about your intent. These could lead to a refusal.

The only way to find out whether you will be refused is to apply and see what happens.

Your H-1B visa might or might not be cancelled. There's nothing against having both visas at the same time, but since you don't actually meet the reuiqrements to enter the US in H-1B status, I suppose the visa might be cancelled. I do not know whether there is a policy governing this.

If the visa cancelled without prejudice, there will be no adverse effect. That's what "without prejudice" means.

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Given that you are unemployed, what the situation appears like to me is that you've been unsuccessful at getting a job in India and thus are trying to return to the US to get a job there again.

Parents, a home, and savings on their own wouldn't convince me that your intentions are not to stay and seek employment.

If I may ask, why aren't you employed? Are you starting your own business? Maybe if you could justify your unemployment in some credible way that would work, but otherwise I would think the best route is to find a stable job and then apply for the visa.

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  • I am working on certain ideas for business, but haven't dived deeper into it yet!. Also, I am into stock markets on a daily basis. But I am not sure if that would be considered as employment – brisbeck Jul 2 '16 at 19:59
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I have to say, if I were running US Immigration and Customs Enforcement, I would have posted in every office a framed picture of you, with the caption reading "This is what someone who wants to 'visit the US' and never leave looks like." Except for owning your home, you fit exactly the profile of an economic migrant: someone with skills that will earn him much more money in the US than back in the old country, with relatives in the US to shelter him, and with parents to support.

Can you not travel on the H1-B? Perhaps get a new job with an American firm?

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  • Employers are required to notify the U.S. Citizenship and Immigration Services (USCIS), in writing, of any “material change” to an approved H-1B. As it's been 5 months since the OP resigned, his visa may no longer be valid, and attempted re-entry may be risky. – Giorgio Jul 2 '16 at 21:22

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