Does past out of status affect new H1B?

[mail2pgs]

Hi
My husband was on L1 visa and his L1 extension was rejected on March 10 and he stopped working on Mar 21(after getting denial notice). His original I94 and L1 visa expiry was till Feb 12 .Since he was not able travel at that time because of some medical reason, he immedietly applied H4 as my dependent (I am on H1B visa) with medical documents and fortunately his H4 is approved and got new I94 document valid from April 11 to next 2 years.

I understand that even though he got his H4, he was out of status for some time.
Will it be a problem if he apply a change of status from H4 to H1B (through current employer or new employer )?

Or is it better to go back to India and stamp his H4 from there and apply H1B after coming to US?

Is there any problem for his H4 visa stamping in India, since he was out of status for sometime?

I would appreciate your response.

Thanks
SKS

[shervin143]

It depends on whether they check the past records or not. It is case by case, so it is very hard to predict. In most cases they just validate the current status and will proceed with the COS. Since he is already in H4 status now, he can apply for the COS to H1B without leaving the country. Getting the H4 stamped and returning back for no reason will not help.