I539 for spouse during H1 transfer.

[avt2k6]

I changed my employer on H1 and received the Receipt notice on Jun 2 2009. But during the H1 transfer process my spouse was in india and i didnt send the I-539 form for her along with my H1 transfer petition.

Three weeks back she arrived in US showing my current receipt notice at POE and got her I-94 till the previous validity of stamped H4 visa. I am sending the I-539 form next week as my attorney and myself delayed the process. Will it be an issue as its been a month by then?

[txh1b]

Not an issue as long as she has a valid I-94 that has not expired. H4 is NOT linked to an employer but to your H1b petition validity. You could choose to wait till the day before it expires and send out the I539 for extending the H4 status.