H4 Extention

[Shyam Srinivas]

My original H1 petition got approved in 2017 for a period of 3 yrs untill 08/31/2020. Got my visa and my dependents visa stamped till 08/31/2020 and entered US and currently in US. Hence I94 shows validity untill 08/31/2020. But i had to file for a location transfer amendment in Feb 2018 and my original petition validity got reduced from Aug 2020 to Dec 2018 (based on SOW end date given at the time of filing location transfer amendment).  Now, my company has filed for an H1 extension in Dec 2018 for me. 

But they have not filed for H4 extentions (for my spouse and child) based on attorney's advice that since I94 is still valid till Aug 2020 for dependents, it is not needed.

Queries:

1. Want to take your opinion on this. Please confirm that my dependents are staying legally in US and there is no need to file for H4 extension. 
2. Since my original petition got truncated to Dec 2018 from Aug 2020, will I94 also get reduced to Dec 2018 for all of us automatically? We have been in US and not left the country ever since we came here. I94 validity date showing up on the official I94 website is what we need to consider as legal validity date, correct? I94 on the website still shows Aug 2020.
3. If H4 extention needs to be filed, can we do file now? is it too late? What will be the consequences if we dont file? What is your advice?

[shekar11#]

3 hours ago, Shyam Srinivas said:

My original H1 petition got approved in 2017 for a period of 3 yrs untill 08/31/2020. Got my visa and my dependents visa stamped till 08/31/2020 and entered US and currently in US. Hence I94 shows validity untill 08/31/2020. But i had to file for a location transfer amendment in Feb 2018 and my original petition validity got reduced from Aug 2020 to Dec 2018 (based on SOW end date given at the time of filing location transfer amendment).  Now, my company has filed for an H1 extension in Dec 2018 for me. 

But they have not filed for H4 extentions (for my spouse and child) based on attorney's advice that since I94 is still valid till Aug 2020 for dependents, it is not needed.

Queries:

1. Want to take your opinion on this. Please confirm that my dependents are staying legally in US and there is no need to file for H4 extension. 
2. Since my original petition got truncated to Dec 2018 from Aug 2020, will I94 also get reduced to Dec 2018 for all of us automatically? We have been in US and not left the country ever since we came here. I94 validity date showing up on the official I94 website is what we need to consider as legal validity date, correct? I94 on the website still shows Aug 2020.
3. If H4 extention needs to be filed, can we do file now? is it too late? What will be the consequences if we dont file? What is your advice?

1. They are staying legally. No need for extension until 08/2020.

2. No it will not get truncated for dependents. But you need to maintain valid H-1 status all the time for the dependents to be fine and looks like you are doing that.

3. You don't need to file H-4 extension for them now. But make sure you mark a date in July 2020 to file extension for them.