H1B and H4 Extension

[anto0419]

Hello,

I have filed my H1B extension on July 17th 2015 and filed my dependent extension on September 1st 2015. But now my dependent is in India for her studies. Due to some emergency I am converting my extension as Premium. I have some questions since I am converting to premium.
1. Once my extension is converted, Will my dependent extension will also be converted as premium and processed along with mine? (both are filed in different dates)
2. when I check this situation with my Employer attorney, He suggested to withdraw my dependent extension since she is not in US. Will that be a right decision or I can wait for the response?
3. If I withdraw her extension, Will it affect my extension? And Can I apply new H4 for my dependent from India once mine is approved?

[shervin143]

1. Once my extension is converted, Will my dependent extension will also be converted as premium and processed along with mine? (both are filed in different dates)
>>> First of all H4 should be technically denied since your dependent is no longer in U.S. There is no premium for H4.

2. when I check this situation with my Employer attorney, He suggested to withdraw my dependent extension since she is not in US. Will that be a right decision or I can wait for the response?
>>> It doesn't matter. If you do not withdraw, it will ultimately get denied.

3. If I withdraw her extension, Will it affect my extension?
>>> No.

And Can I apply new H4 for my dependent from India once mine is approved?
>>> H4 visa can be filed at the U.S consulate in India based on your approved H1B approval notice.