Wife H4 to H1B visa and My H1B visa extension

[rahulagarwaljhs]

Hi,

In Jan'2011 I've applied for my wife H1B visa against 2010 quota (Currently she is on H4 visa).

We have received a RFE from USCIS for her H1B visa.

Now my H1B visa is expiring on 30-Aug-2011, and my company is going to file the H1B extension along with my wife H4 visa.

Can you please suggest that this could be of any problem since my wife application for H1B visa is already with USCIS and now we are sending her H4 visa extension request.

Please suggest.

Regards,

Rahul

[kabkaba]

Your company should not file I-539 on behalf of your wife. Ask them to file it later after you hear from USCIS about her employer's H1 petition. If petition is denied or is still pending when her I-94 date approaches, she can then file the I-539 to extend her status.