Adding H4 to H1 while extension is in process


arunka007

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My H1 extension was filed with USCIS on 11/11/17 (last Friday). My wife is on an independent H1, but her employer just informed her H1 cannot be extended after its current expiry (1/15/18) due to company policy changes.

  1. Can I add my wife (on H4) to my H1, while my H1 extension is in process, or if there is a RFE? If so, how can I go about it?
  2. Her I-94 is valid till 1/15/18. If I cannot add her on H4 before that, will she be out of status on that date? If so, will she have to leave the country on or before 1/15/18?

Appreciate if you could provide some guidance.

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