H4 extension not filed

[abhishekranjan]

Hi,
I am on H1B visa and my wife is on H4 visa. Our visa is valid until Apr 2013 through company A.
I recently switched company and transferred the visa, I also received an extension to my visa as part of visa transfer.
My employer did not file for change of status of my wife who is on H4 visa. The company's attorney argue that she has a valid i-94 until Apr 2013 so it is not required to file for her extension so soon. This can be filed later.
Somehow I am not satisfied with their response. Also , we are planning to travel to India in Dec 2012 and get our visa stamping together. I believe it will create problem in getting her visa stamped.

Is my wife out of status currently ? What all problem she can face?

[abhishekranjan]

Can anyone provide some feedback?

[shervin143]

The company attornye is right. There is no such thing as H4 transfer. H4 is not associated to any of your employers. As long as you are mainatining your H1B status and your wife's H4 I-94 remains valid, she can stay in U.S irrespective of which H1B sponsor you are working for. Extension can be filed 6 months prior to the I-94 expiry date. This will not cause any issues during stamping.