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H1B consular approval without i94 - new H4 visa & PoE questions

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  • H1B consular approval without i94 - new H4 visa & PoE questions

    I lost my previous job around second week of June and I found one job and made them apply for my h1b with consular notification. They applied, and I came out of the country while they applied and hence it got approved. It is a large company with very good reputation. However, I was out of status for around a month, so I'm wondering if my spouse will have any issues during her H4 visa interview and if I would have any issues at the PoE after that.

    1. Ended previous job - second week of June

    2. Left US, third week of July (out of status for around a month)

    3. H1B consular notification - approved without i94 - with new company (large one with good reputation) August first week (no question of out of status while applying for the petition)

    4. Have valid stamp till first week of September.



    My questions:

    1. My spouse will be going for a H4 visa interview on the last week of August (first time). She will be mentioning that I am about to join the company and I'm traveling to US in 2 days. Will she be asked why I was out of status before I left the US?

    2. Will there be any problems with the H4 visa approval, because I do not have paystubs for about 2.5 months, while I am currently *not* in US? Does it even matter that I was out of status just before I left US?

    3. I am traveling back to US with my approval notice on the last week of August. Will I have questions at the PoE on why I was out of status before I left US?

    4. What reason can I give about why I was out of status, if they ask such a question?

  • #2
    That's fine. Don't worry about it.
    This is my opinion and not legal advice.

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