Filing H4 Extension while H1B Extension is in Progress

[SSM17]

Hi,

My H1B is set to expire on 09/30/2024 and my company's attorney filed for H1B extension and I got the filing receipt on 07/02/2024 but its not yet approved, it was filed under normal processing so I assuming it might take 1-2 months.

I am yet to file my wife's H4 extension and I didn't wanted to hire my company's attorney for this purpose as they are charging $1,100 for it, can you please let me know if I can file my wife's H4 extension now with just the H1B extension receipt that I have or do I need to wait until my H1B extension gets approved and then file for H4 extension ? I am worried if I have to wait until the H1B extension gets approved by that time my wife's current H4 would be expired with no extension request filed before 09/30/2024

any help here would be greatly appreciated!! 

[vera24]

Yes, you can file, refer to https://www.uscis.gov/i-539. Keep in mind that the H4 Extension of stay should be filed before the expiry of your wife's I-94. You can't wait for your H1 Approval.

https://www.murthy.com/2018/11/26/h1b-status-extension-does-not-extend-status-of-h-4-dependents-in-the-u-s/

Let's see what other experts advise.

Disclaimer: This is my opinion, not legal advice.