H1B approved but Change of status denied

[rageshc]

Hello,

I and my wife is currently residing in US. I am on H1 and she is on H4. Recently she got H1 approved but denied change of status because of the reason "The validity of this petition commences after alien's authorized stay in US expires"
H4 visa expiry: 18th Sep , I94 is valid till 28th Sep

I am in process of my visa extension. My questions are
1. Should I extend her H4?
2. What would be her status of H1 after H4 extension?
3. Should we apply COA after her H4 is extended?
4. Is there a deadline to apply COA or can we apply this at any point of time?
5. If she go back to home country for visa stamping Can she go H1 stamping and then enter US with H1 stamped?
4. What would happen to H4 once H1 is stamped. Does it get invalidated?

Appreciate if someone can help me on this!

[shervin143]

1. Should I extend her H4?
>>> If she is planning to stay in U.S after September 18th, then you will need to extend her H4 status. Otherwise her presence in the country will become illegal after Sept 18th. If she is planning to leave the country before her current H4 status expires, then there is no need to extend her H4.

2. What would be her status of H1 after H4 extension?
>>> Nothing. Her H1B petition remains valid. In order to work in H1B status, her employer will either need to file a COS from H4 to H1B after the H4 extension approval or she will need to leave the country, get the H1B visa stamped and return back in H1B visa.

3. Should we apply COA after her H4 is extended?
>>> Do you means COS (Change of status)? You can file COS after H4 extension is approved.

4. Is there a deadline to apply COA or can we apply this at any point of time?
>>> Can be filed anytime as long as the job exists. H1B cap once secured is valid for 6 years.

5. If she go back to home country for visa stamping Can she go H1 stamping and then enter US with H1 stamped?
>>> Yes. But she can enter U.S in H1B visa only after September 21st (10 days prior to the H1B effective date).

4. What would happen to H4 once H1 is stamped. Does it get invalidated?
>>> H4 visa gets cancelled.