H4 & I94 Expired 10 days back

[guesssmart]

Me & my wife came to U.S on 'A' company. I am on H1 and my wife is on H4 status. I moved to 'B' company last year, they have filled for my H1 and got approved. So, I got the new I797 and with that the new I94 from the 'B' company. I was under the impression that my wife can legally stay here on H4as I got my H1 approved from 'B' company.

We planned to leave to Mexico for our visa extension, so that we both can have new visas from company 'B'. To my surprise both our visas from the previous company got expired 10 days back, but I am on status as I have my company 'B' approval and with that the new I94 for 2 more years from today.

My main concern is my wife status, she is not on status any more and we can not leave to neighbouring country for extension as her U.S visa expired. On reading thru many forums I realised that I need to apply for her I539 immediately, will this be O.K for me to apply for her I539 and wait for its approval (in the next 4 to 5 months, as its taking that long). My main concern is will her visa extension (I539) be approved as we missed it by a very short period of time of 10 days, and can she stay here with no problem in future.

Please sugest me on this or give me an alternative.

Thanks
Praveen

[srimadireddy]

Can share the information - h4 out of status

Hi praveen,
Praveen I am in the same situation, I do not know what to do. If you find solution, can you please share it to me.. my mail [email protected]

Thanks

[zorokool]

You have 30 days grace period, do it fast