H4 Expired and H1B Processing (Very Urgent Pl Help)

[desipm]

I had my h1b extension applied in Feb 2005 and received my approved h1b papers in april 2005. I hold a valid I-94 upto June 2006. My wife entered US on h4 status, whose I-94 expired on June 6 2005 from my previous H1B expiry date. I was not aware, that a h4 extension had to be applied at the time of applying for my h1b extension. Also, my wife applied for her H1B visa in May 26 th 2005 and we received a Receipt of her H1B on May 31 2005.
1. So, Is my wife out-of-status at this point of time, since I posses a valid H1B extension?
2. Can she apply for a H4 extension during her H1B process and will it not clash with her H1B?
3. If my wife is OUT-OF-Status, what is the best way to get her back to status? Please explain.
Thank you in advance for your advice.

 

[great guru]

I had my h1b extension applied in Feb 2005 and received my approved h1b papers in april 2005. I hold a valid I-94 upto June 2006. My wife entered US on h4 status, whose I-94 expired on June 6 2005 from my previous H1B expiry date. I was not aware, that a h4 extension had to be applied at the time of applying for my h1b extension. Also, my wife applied for her H1B visa in May 26 th 2005 and we received a Receipt of her H1B on May 31 2005.
1. So, Is my wife out-of-status at this point of time, since I posses a valid H1B extension?
2. Can she apply for a H4 extension during her H1B process and will it not clash with her H1B?
3. If my wife is OUT-OF-Status, what is the best way to get her back to status? Please explain.
Thank you in advance for your advice.

If you have applied h1 petition and have the receipt before the expiry of I 94 , you are not out of status.

As a back of you can extend the H4 (simultaneously) incase if h1 got rejected.

 

[desipm]

If you have applied h1 petition and have the receipt before the expiry of I 94 , you are not out of status.

As a back of you can extend the H4 (simultaneously) incase if h1 got rejected.

Thanks Great Guru.
Yesterday, I visited an immigration attorney and as per her my wife is out-of-status. Since, her H1B is still processing eventough the receipt is received. Her H1B gets active only from October 1 2005 if it is approved. Hence, she said my wife has to go to her home country(india) ASAP, get her h4 stamping and come back.

As per the attorney
If my wife stays back, her H1B may get lot of queries and it may not get approved !
If I apply for H4 extension, it may not get approved !

Since, my wife is within 180 days in Out-of-status
1. If we go to Canada and get our stamping both my h1b and h4, would it be a good way out of this?

Please help

 

[great guru]

Thanks Great Guru.
Yesterday, I visited an immigration attorney and as per her my wife is out-of-status. Since, her H1B is still processing eventough the receipt is received. Her H1B gets active only from October 1 2005 if it is approved. Hence, she said my wife has to go to her home country(india) ASAP, get her h4 stamping and come back.

As per the attorney
If my wife stays back, her H1B may get lot of queries and it may not get approved !
If I apply for H4 extension, it may not get approved !

Since, my wife is within 180 days in Out-of-status
1. If we go to Canada and get our stamping both my h1b and h4, would it be a good way out of this?

Please help

GIVE A SHOT.

HOW ARE YOU IGNORING YOUR WIFE, IF IT COMES TO THEIR VISA RENEWAL ON TIME.