New H4 while my H1 is in extension process

[skiranar]

Hi,
This is my situation. Please guide me.

My H1 expires in Aug 2011 and my company has applied for new extension. I got married 2 months back and my wife could not travel with me to US because of her passport issues. Now she's got her passport :-

1. Can she apply for new H4 when my H1 is in the process of extension?
2. If she gets new H4 and travels to US, then can I apply for her H4 extension immediately before August 2011?

[shervin143]

1. Can she apply for new H4 when my H1 is in the process of extension?
>>> Yes.Your wife can attend the H4 visa interview with your existing H1B petition that is valid until August 2011. The only issue here is that she will get the visa only till August 2011. But if she can wait until you get the extension, then she can get a visa until the extended petition's validity. The I-94 that will be issued at the POE will be until the H1B petition expiry date (By showing the latest petition, she can get an extended I-94). However, some officers at the POE tend to issue the I-94 only till the visa expiry date.

2. If she gets new H4 and travels to US, then can I apply for her H4 extension immediately before August 2011?
>>> Yes. You can apply her H4 extension 6 months prior to her I-94 expiry date. You can apply for her H4 extension based on your approved or pending H1B extension.