H1B to H4 change of status

[skbkd]

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.

Thank you

[shervin143]

Since the change of status is filed prior to going out of status on H1B, he is allowed to stay in U.s until a decision is made on his application. If H4 gets denied, then he should leave the country imemdiately and return back in H4 visa.

He can also go out of U.S and return back in H4 visa anytime. I would advise to stay until the decision is made.