I am out of status for about 50 days due to using EAD card based on EB1-A.Then My I-485 was denied in Oct 2. Before that I was on H4 till 09/16/2009. Three days after the dinial, I filed H1-B application and got my new H1B approved in 10/13/2009 w/o new I-94.
I am going to leave US next week for a new H1B visa to activate my H1-B and re-enter US. Is it difficult to get a visa after having minor out-of-status days? Should I answer "yes" or "no" about the question if I had "unlawful presence in US"?
What could I do to increase my chance. I had a son in US. Really hope the visa issue goes smooth. I can't bring my son with me due to lack of travel documents.
Any inputs are appreciated. Thank you.