H4 extension and overstay


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Please see below information and dates for my wife's H4.

1) Her I-94 was valid till 15 dec 2011

2) She left US and went to home country on - 5th Jan 2012

3) I have file my h1 extension - I129 on 1st Oct 2011 and also asked lawyer to file I539 for H4 extension.

4) I realized letter (infact when i got i797 for my wife which as recipt date of 15th Jan) that my lawyer has not file i-539 till 15th January 2012, the date is after my wife left USA.

5) I got I-797 (approved) for me and my wife on 9 march 2012 with new I-94 for both of us till 06/01/2012. In which my I129 - petition receipt date is marked as 1st Oct 2011 and for my wife the I-539 petition reciipt date marked as 15th January 2012.

I have below questions,

1) Currently my wife is in India and she is planning to for H4 visa extension - stamping. Should we worry about the overstay of 21 days after I-94 expiration as her I-539 was submitted by lawyer after her I-94 expired and will she have to explain reason in consulate while stamping. Also please not fact that her I-539 got approved and received new i-94 till 6/102012 after she went to India.

2) As her i-539 got approved and she receive approved I797 with new i-94 (however she left to India before approved I-797), Is she okay or would the overstay will have any implications?

3) Is there any other concern or problem that she may face while going for stamping?

Please provide your opinion or suggestion/advise.



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