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POE questions about out of status

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  • POE questions about out of status

    Two years ago while I was in the first year of my H1B I was laid off with a very short notice. While I was unemployed(also out of status) I tried looking for jobs, got interviewed at 4-5 places but nothing seemed to work and then I decided to leave the US on the 57th day. So my total out of status time was 57 days.
    While I was home I was able to secure a job in the US. The employer filed for a new H1B with consular processing, the CIS approved it, I appeared for the interview at a consulate and got a visa stamp. Then I returned to the US and since then I have been with the same employer.
    I am traveling outside of the US soon and this might sound like a very absurd question but could I ever get questioned for the past out of status time at the POE or during my H1B extension application? I work directly with the employer and have all the necessary paper work that I would need.

  • #2
    You can get questioned about anything. Admission is not a right, it is a privilege granted at the discretion of the CBP officer. That said, I do not expect you to face any obstacles returning to the country

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    • #3
      Originally posted by inadmissible View Post
      You can get questioned about anything. Admission is not a right, it is a privilege granted at the discretion of the CBP officer. That said, I do not expect you to face any obstacles returning to the country
      I concur, another thing to remember is that you can be questioned about this out of status period later during your GC processing as well as during naturalization.

      This is my opinion not legal advice.

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      • #4
        I appreciate your help and I do understand that the out of status time could have negative implications on my future applications. I have a follow up question though, my old employer revoked my H1B as soon as I left the US and the new employer filed for the new application a month later.
        So the CIS considered the out of status time while approving my new application based on that fact that the old H1B revocation application/letter had my last working date. Since no RFE's were issued for my application, Is it safe to say that the CIS overlooked or waived the out of status time?

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        • #5
          Originally posted by Dhale View Post
          I appreciate your help and I do understand that the out of status time could have negative implications on my future applications. I have a follow up question though, my old employer revoked my H1B as soon as I left the US and the new employer filed for the new application a month later.
          So the CIS considered the out of status time while approving my new application based on that fact that the old H1B revocation application/letter had my last working date. Since no RFE's were issued for my application, Is it safe to say that the CIS overlooked or waived the out of status time?
          There was nothing to "overlook" or "waive". There is no rule that having been out of status prevents you from getting a visa.

          This is my personal opinion and is not to be construed as legal advice.

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          • #6
            Thank you for all the responses. Appreciate it!

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