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

USA H1B Visa
1

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 I would have any issues at the PoE.

  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
  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? - It should not impact.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? - If you are out of US then there is no question of providing paystubs, just give the latest paystubs you have.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? - They should not question about this at PoE. Its not their job to know and rectify your out of status, its the visa officers prerogative.4. What reason can I give about why I was out of status, if they ask such a question? - The only time you or your spouse would be asked this question is during the visa interview. Look your intentions were clean, you did not try to over stay intentionally, you moved out of country. Just make sure you mention the correct dates in DS160 while setting up the interview. Best of luck.
3

Hello Friend,

I am also in a very similar situation. I am also currently in India and waiting for neW H1B approval after being out of status in US for a month. I am planning to travel on my Old h1B visa stamp and new I 797 approval. Could you please let me know your experience. It would be really helpful.

Thank you very much.

4

Hi Can you please let me know what happened with your case? Im in a very similar situation.