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H4 extension filed when the other petition is pending

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  • H4 extension filed when the other petition is pending

    My H4 Visa Expiry date: 12/14/2016.

    My Husband Old Employer - Capgemini sent for the H1B extension along with my H4 extension by Dec-7-2016 through fedex.

    The file was picked by Dec-22-2016 and i got the H4 extension receipt by Jan-4-2017. Please find attached for the receipt no.

    His H1b transfer was filed by new employer and he got his I797 approved by Dec-13-2016

    As per your advice i didnt file H4 extension through my husband new employer, since they were filing his H1 in premium mode.

    Hence my H4 extension was filed through his old employer ONLY.

    Once i received the receipt from old employer after knowing it is in pending status, we sent the H4 extension from new employer by Jan-6-2017. It reached Phoenix Arizona USCIS office by friday
    Now my spouse attorney is suggesting , since the extension was not filed on timely still my presence is unlawful and suggesting to depart the country for H4 stamping through consular process.

    Please suggest whether consular process is the solution as suggested by her , we afraid as my presence is unlawful, or the current H4 extension filing through new employer will get approved without any problem
    How long will it take for phoenix arizona to process when there is already H1B petition filed????

    Also when the old employer might generally revoke the pending petition filed???
    How long will this h4 extension take while my husband I797 is already approved.