H4 status when H1b transfer is pending

[ramanathan28]

Hi

My h1b trasnfer is pending, got an RFE letter and my company is working to send the documents asked by USCIS, meanwhile my and my wife's visa expires in 2 months,what will happen if my h1b is not apporved on time?

do i have to send my wife out of contry and bring her back once my h1b is approved?

please clarify

Thanks

[txh1b]

The company should have applied for H4 I-94 extension as well along with your H1b. if not, do it ASAP.

The visa does not determine your stay in the US but the I-94 does.

[ramanathan28]

thanx for fast reply, i am gonna talk with my company to apply fr h4 extension, mean while my wifes 1-94 expires in 2 months, since my h1b approval is pending will her h4 extension will be in pending status too? if so can she stay after 1-94 expiration date since h4 extension is pending?

please clarify

Thanks

[txh1b]

if so can she stay after 1-94 expiration date since h4 extension is pending?

yes, provided the application for extension was delivered to USCIS before the I-94 expires.