H1 and H4 extension issue

ashish99

Registered Users (C)
I am working for Company A since 3 years now. My H1-B visa expired on Nov 13, 2003 and they filed for my extension
only on Nov 3, 2003. I have the application receipt. The lawyer didn't file H4 for my wife (reason:lawyer forgot to file). Her H4 visa expired on Nov 13, 2003. Now, Company A is ready to file my wifes H4 after a month of the H4 visa already being expired.

I have decided to leave Company A and join Company B. Company B lawyer is telling me that getting H1-B approved
should not be an issue, as I have the application receipt, but chances of H4 getting approved is 85%. I do not intend to continue with Company A because of their mistake and resign immediately. My relationship with Company A has soured over the past year.

1) Did anyone come across such a situation like this one?
2) Will there be any problems if I leave Company A today and join Company B tomorrow?
3) Is there any chance of my wifes H4 visa being rejected by BCIS since her visa has expired for more than a month now?
4) How many days would it take for H1 and H4 visa to get approved, if I go with Premium processing(Texas Service Center)?
5) When can I start working for Company B?
6) Can I take any action against Company A for not filing my wifes H4 visa on time?

Any advice would be appreciated.
 
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