H4 with possibe previous out of status issue..

[concerned_h4]

Hello Members,

I badly need help on this..

I entered USA on H4 visa valid until 09/2009.

Applied of COS to H1 which was valid until 09/2011 in 09/2008.

However did not work on account of health issues (underwent surgery and later was pregnant..). Informed employer of leave of absence and was not paid and no W2. I have all the valid documentation from doctors etc..

All this while my husband was on valid H1B visa.

We left USA in Aug 2010. I learnt from my friends the time lived in the US without paystubs is considered out of status...

We will be returning soon..Will I have issues with my H4 stamping on account of this issue. Pls suggest Will my two years outside erase this out of status issues..

Thanks..I would appreciate any feedback..

[pontevecchio]

It is very unlikely for you to have problems if your spouses H1 is airtight.

[concerned_h4]

Thank you for your replies...you have given me some hopes. Yes, his H1 is all in clean condition...no issues..my other concern is I should answer the question "Were you previously employed" as Yes in the DS 160 form. Or I should simply say No because this does not apply to H4 visa..

[halo007]

Thank you for your replies...you have given me some hopes. Yes, his H1 is all in clean condition...no issues..my other concern is I should answer the question "Were you previously employed" as Yes in the DS 160 form. Or I should simply say No because this does not apply to H4 visa..

Hi, Can you please update me on your situation? Is everything went ok? I'm in similar situation...thanks