No, but it must be filed BEFORE the I-94 expires.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
No, you can file it as long as she is in status.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
File before expiration date on I-94. On rare occasions, USCIS, in its discretion, may excuse an untimely file, but the applicant would have to show extraordinary circumstances, have not otherwise violated his nonimmigrant status, and meet other rqmts. Talk to an immigration attorney for help.
(626) 771-1078 Los Angeles Attorney Theodore Huang, Esq. This is not legal advice. No attorney/client relationship is established. Attorney Huang is licensed in MD; practice limited to federal law.