I held H1 visa then changed to H4 in 2008 due to having my kid. My husband applied EB1A in 2008 and I filed 485 in 2008 and got EAD card.

I got a job around August in 2009 and worked/got paid using EAD card. My H4 visa expired on Sep, 16, 2009. My EAD was valid at that time. However, my husband EB1A was denied on Oct 2, 2009. My EAD was invalid too.

Around Oct 5, my company filed H1 application and got I797 approved shortly. However, my boss noticed he cannot change the status for me around the end of Oct. At that time, I realized I am "out of status".

I will fly to China this Sat for applying new H1 visa. I wonder if it is hard to get my new H1 visa? will experience of getting paid during "out of status" affect getting new visa? What should I tell visa officer? thx.