H1 extension pending, H4 to H1 application possible?

[sumeet_s_patil]

Hi,

My h1 visa renewal is in process, I want to know if its fine for an employer to apply for new H1 for my wife who is on H4 with me? Or do they need to wait until my extension approval comes?

Thanks in advance
Sumeet

[shervin143]

Your H1B renewal has nothing to do with your wife's H4 to H1B COS.

[kabkaba]

Assuming your wife's I-94 is not expired she can certainly get her change of status approved. If her I-94 has expired and she has applied for extension along with your extension, then she will need to submit a copy of her I-539 receipt notice and a cover letter explaining how she filed that I-539 before her previous I-94 expired. Make sure that cover letter also withdraws that application. Consult an attorney if possible.