Immigration Issues/Out of Status H1B


Hi Mark,

Wish you a Happy New Year!
Thank you for taking the time to do this, I have a H1B approved with I-94(Change of status from H4 )with a start date of Oct 08,my company ran out of work and I don't have paystubs. I am planning to leave for my home country soon and come back on a fresh H4 based on my spouse's H1. My question is
1) If I can travel in the first week of March, I would have been out of status for over 5 months.In your opinion, should I anticipate any problems at the Consulate due to this? Is there a threshold for the number of out-of-status days one has accrued before it becomes an issue to enter on another(H4)visa?

Thanks again for your time.


You have been out of status.  There are no grace period days.  If you leave the country and try to come back on H4 the officer may not ask you for pay stubs but I cannot tell you for sure.  It depends upon the officer.  
Good Luck
Mark Ashley

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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