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H4 Extension pending, while H1 applied

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My wife is on H4 status and it’s expired in June 2014 and we applied for its extension in May 2014 based on my H1B which is valid till June 2015, we have received receipt also.


In April 2014, an employers sponsored her H1B for 2014 -2015 quota and it got picked up in lottery and but received RFE.


RFE was to find out if H4 is valid till Oct 1st 2014,if not valid they would give H1 without I-94, which needs her to exit US and get stamping based H1B(instead of COS) employer is yet to respond to this.


Yesterday we received an RFE for H4, saying ” you have  pending H1(I-129) application, and which one you want to pursue H1(I-129) or H4(I-539).” We have been given time till Sep 7th 2014 to respond.


Note: my attorney for H4 extension said, he would reply to H4 RFE that, “ we need H4 extension till Sep 30th  2014 and H1B will be effective from Oct 1st 2014” and if we don’t receive any H1 approvals by last week of Sep 2014, we would again apply for H4 extension based on the previously applied H4 extension receipt.


In this case, what is the best option for her to stay in status irrespective of H1B approved or not.

Please help.

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You have nothing to do as attorney has informed you his/her course of action. Ask your spouse's H1B attorney about his/her opinion and inform him/her about your H4 attorney's plan.

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Thanks for the reply.

I wanted to know if the action proposed by H4 attorney is right solution or not?




Yes, proposed route of action is fine.

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