H1B approved L1B extension applied and applying for H4

[nparmar]

Hello All,

My L1B visa and I-94 got expired on 1st September 2012.

L1B and L2 extension applied on 27th August 2012 and case went in RFE state which I have to respond before 1st December 2012.

Meanwhile I am also approved for H1B visa which starts from 1st Oct 2012 (new H1B and new I-94 is valid till 31st Dec 2014)

My company forgot to apply for H4 visa along with my H1B visa. So my question is:

1). Since our L1B and L2 extension are filed and we are on valid status till its in pending state till 1st Dec 2012, can we apply for my wife's H4 visa on 1st Oct. I am thinking of applying H4 in premium so that i can get decision by 15th -20th Oct. Is this option valid??

Or can you suggest something else so that my wife don't have to travel back to india for H4 stamping.

Thanks in advance.

[pontevecchio]

Do not respond to the RFE. File I539 for your spouse based on your approved H1. There is no premium processing for H4 by itself and once filed she can stay. Of course she can always visit home and come back with the H4 visa. Is there any reason why you think she will not be able to get stamped? In future do not complicate things and file multiple applications.