H4 Extension? Spouse's H1 Denied once

[S_K_A]

Hi,
I need your valuable suggession. Please help
Background -
1- I was working wtih Company A on H1B and my wife was with me on H4 (Visa and I94 for both me and my wife valid till Nov 2011)
2 - In Nov 2010 Company B filed my H1(Transfer) and i started working with Company B on receipt Notice(bad decision). unfortunately it got denied and I stopped working. Company B re-filed with additional document and it got approved in Jan 2011(no I-94)
3 - I travelled to Maxico and re-enter to reinstate my H1 status and got new I-94 based on new I-797 and old visa and started working again with Company B

Now i am concered about my Wife becasue due to my previous H denial she was also Out of status i believe. Do you know how can i get her into valid H4 status

1 - Does she has to go to India and get new H4 stamp ?
2 - Can she try going to Canada/Maxico and re-enter based on my H1B petition
3 - File I-539 ?

what would be the best/fast way to handle this situation??

Any info in this regards would he helpful..

[shervin143]

She doesn't need to do anything. Since her I-94 associated with the H4 is currently valid, she can continue to stay.

[S_K_A]

Thank you Shervin. I am feeling much better after knowing that she is not out of status.

My only other question is that her I-94 is valid till Nov'11 and my current H1 petition and I-94 is valid till Jan 2013. so I would have to get her I-94 extended any way beyond Nov'11. Do you think if I make a trip to Canada wtih her and try to get New I-94 for her based on my new Petition that would get her the permission to stay till Jan 2013 ?

Thank you in advance for your valuable reply...

[shervin143]

Yes. Going out and retuning back is an option. However, it is not required to go out of the country just to get the I-94 extended. You can file her extension of status based on your approved petition. The extension can be filed 6 months prioer to her I-94 expiry date. Check the below link

/show-form/i-539

[S_K_A]

Thank you for the information Shervin

Great..Thank you for the information. I will read and act accordingly