H4 expiring while waiting 4 H1

[m_chundi]

My wife has a valid H4 untill 08/2005 (I-94as well) on my current H1(Also expires same day). But my 6 years expires on 02/2005. My company is filing a h1 extension seeking correction on my earlier H1, seeking new H1 from 02/2005 to 02/2006. My wife filed her H1 in sep 04(awaiting adjudication). Will she be out of status if my current H1 is cancelled. If so r there other options for her to remain in status till her H1 is adjudicated.
--murali

 

[pragir]

should be ok..

I am no authority on this, but IMO, she should be in status, since she has put in a nonfrivolous application for adjustment of status before her H4 expiry.

My wife has a valid H4 untill 08/2005 (I-94as well) on my current H1(Also expires same day). But my 6 years expires on 02/2005. My company is filing a h1 extension seeking correction on my earlier H1, seeking new H1 from 02/2005 to 02/2006. My wife filed her H1 in sep 04(awaiting adjudication). Will she be out of status if my current H1 is cancelled. If so r there other options for her to remain in status till her H1 is adjudicated.
--murali

 

[m_chundi]

I am no authority on this, but IMO, she should be in status, since she has put in a nonfrivolous application for adjustment of status before her H4 expiry.

Thanks pragir
--murali