Immigration Issues/Out of Status F1 to H4
My husband's F1 visa fall out of status (did not enroll) and stayed in US for quite some time before going back to our country. When we had our interview for my H1B visa and his H4 visa, he was given a temporary refusal and asked to clear his school records first and go back with my I94. Actually I didn't understand what he needs to get from his school since he does not have plans to reinstate his F1 visa anymore. What exactly does he need to do get/clear from his school? At this point, what can he do to avoid the penalty for staying out of status? Will the petition for his H4 override his F1 issues?
Attempting to enter the US after overstaying a previous admission is a refusal for any visa for five years. THe school records are to determine just how long he was out of status. Given his propensity for ignoring the terms of admission, I doubt he will be granted an H-4 any time soon.