My Spouse was on H1 B since 2008 which expires on Sept 18th 2011. He was working with a company since 2008 till recently
On June 1st 2011 he quit his job to join me in a different city. We immediately applied for his H4 and USCIS received it on June 6th 2011. We have not yet got a decision from USCIS. Current processing time for an I -539 (Change of Status) is 3 and 1/2 Months which take us very close to his I-94 expiration date of Sept 18th 2011.
We are concerned if his presence in United States will be considered unlawful. We do not want it to effect his future H-1b applications. He is ready to leave the country and go back to India and re-Enter on an H-4 but we are not sure if that is an option since we applied for Change of Status in US.
Any insight anyone can provide will be greatly appreciated.