H1B Extension under normal processing - how long i can stay?

[CodeMad]

Hi,

I hold H1B now and my I-94 is valid till May-11, 2013. I have requested my employer to file for the extension couple of weeks ago. But haven't heard anything yet. Here are my questions

1. If my employer apply for extension under normal processing and not get approval by that date, is my stay in the US valid after that as well? If yes, how long?

2. I'm here with my wife who is on H4. Do my company need to do anything extra for her visa extension as well?

3. What if I change employer and apply for premium processing while the current normal processing is on the way? Are 2 extension petitions allowed for the same person from 2 different companies? In which case, Am i allowed to stay even after my I-94 expiry?

Thanks,

CodeMad

[Attorney_11]

A pending extension of stay application provides an individual authorization to remain in the United States while a decision is pending. Extension applications for certain work visas, like H-1B, permit 240 days of work authorization after the expiration of the I-94 while the extension application is pending. An H-4 dependent must file an extension of stay application as well - simply extending the principal H-1B's status DOES NOT extend the status of the H-4. Failure to file an extension by the H-4 dependent could render the H-4 dependent out of status. It may be advisable to seek the counsel of an immigration attorney to discuss the effect of a change of employer at this stage and discuss relevant timing considerations.

[CodeMad]

Ok. That helps! Thanks.

So If I change my employer now and could get the H1B transfer / H4 Transfer done by my I-94 expiry date, then our stay wouldn't be a problem correct?

[metroguy]

Yes. Thats correct.

[CodeMad]

Thanks much Metroguy, Attorney_11 for the information

[cooldude76]

1. You can stay till you get a decision. But you can work for only 240 days after your I-94 expiry.

2. For your wife H4 extension need to file I-539, Your employer can help but this needs to be filed by your wife only. Add any more dependents(child) in the same I539

3.You can change employer before the current H1 expires thats may 11 2013. After May 11 2013 you cannot change employer till this decision is done.