H4 Dependant VISA Child - Primary applicant change


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Hi,

Currently my husband's H1B is getting max-out (Feb'2021) but USCIS by mistake got extra 1 year approval in the last H1B transfer(I94 - Jan 2022) so the kids also got 1 more year i94 expiry (Feb2022)  which is not the primary applicant (my husband) max-out date.  Now my husband I140 still not approved so he might leave the country. So I want to change my kids H4 to under my H1B. But question is Will the USCIS will accept the H4 extension as the I94 expiry is more than 6 months?  Will the extension not done will the kids go to out-of-status or as they are legally stay that they have valid I-94 till Feb'2022 . Please suggest

 

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