Applying for a US visitor visa from india while unemployed

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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.

Upvote:-1

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?

Upvote:1

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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