Change of Status from J1 to H4.

[yang3220]

Hi everyone,
I have a question about the change of status of my wife. My wife holds J1 visa. I hold J2 visa.
My company(non-profit company) filed H1b visa for me and H4 visa for my wife. I just got the H1 one week ago. But my wife's package was returned due to using the expired I-539.
My HR helped me to file again with the new I-539 form.

My question is that my wife's J1 status will expire on 8/31/2015 and plus her 30 days of "grace period". She has 40 days to wait for the decision of USCIS.
If she cannot get the decision before 9/30/2015, does she have to go back to China?

Some peopeo said if she has the receipt of USCIS, she can stay in U.S to wait for the decision. If her H4 gets approved after the I-94 expiry date in the future, there is nothing will affect her. But if the H4 gets denied, then all the time spend in U.S after the I-94 expiry date will be considered as illegal stay.
Is that true?

If her H4 application gets denied, she leave U.S immediately.
Can she apply for H4 visa or other visa re-enter U.S in the future?
Does it affect her application of Green Card in future?

Looking forward to your advice.
Thank you so much.

[shervin143]

My question is that my wife's J1 status will expire on 8/31/2015 and plus her 30 days of "grace period". She has 40 days to wait for the decision of USCIS.
If she cannot get the decision before 9/30/2015, does she have to go back to China?
>>> Not if the H4 petition is filed prior to her current I-94 expiry date. The receipt date of the H4 application should be before her current I-94 expiry date. If that is taken care, then she can stay post her current I-94 expiry date based on the pending application.

Some peopeo said if she has the receipt of USCIS, she can stay in U.S to wait for the decision. If her H4 gets approved after the I-94 expiry date in the future, there is nothing will affect her. But if the H4 gets denied, then all the time spend in U.S after the I-94 expiry date will be considered as illegal stay.
Is that true?
>>> Yes.

If her H4 application gets denied, she leave U.S immediately.
Can she apply for H4 visa or other visa re-enter U.S in the future?
>>> Yes.

Does it affect her application of Green Card in future?
>>> It might if the number of days of illegal presence is more. There is also another option to get to H4 status (Other than filing form I-539). She can leave the country, get her H4 visa stamped based on your approved H1B petition (Can be done @ Canada) and enter U.S in H4 visa which will put her on H4 status. She will need to do this before her current I-94 expiry date.

[yang3220]

Thank you so much.