H4 extension while H1B Cap petition pending for approval

[Ellanti]

Applied for H1B extension only for myself and got approval until December 2020, not included dependents while applying for the extension. Dependents are with me in the US and their H4 valid until 22nd June 2018. I have a query on H4 extension for dependent spouse:

 

Spouse I-94 valid until 22nd June 2018. She had 10+ yrs of experience with a major MNC, resigned and relocated to  USA as H4 dependent. When she was on H4, an employer applied H1B (COS) in 2017 and got picked in lottery. Her petition is in RFE status, yet to respond, and deadline to respond by 28th May 2018. Please provide guidance on the below points:

1) Since H4 is going to expire soon, If I   apply H4 extension now, will that affect the pending H1B Cap petition?

2) We don’t know when we can get the decision on pending H1, So can not take the risk of I94 become expired and moving to out of status. Please suggest the possible solutions.

 

Thanks in Advance.

[pontevecchio]

file the extension of status for your dependents tomorrow. The H1 is a separate matter and if approved, she will need to leave and come back with a H1 visa should she want to work there.

[Ellanti]

Thanks pontevecchio for your advise.

I am working on H4 extension for dependents. But I still have one oustanding question: The H1B applied with Change of Status(H4 to H1). Is she still need to leave the country and come back with H1 stamped?