I have a H1B (approval and stamp) till 30th Sep 2016. My H1b extension is in RFE (based on approved i140). My wife was on H1b and had to go out of country, we are planning to get her H4 stamped as she needs to come back soon.
Only G-d knows whether you would have problems. At a minimum, one needs to be familiar with your record to opine.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Wife should have no problem obtaining an H-4 visa valid until Sept., assuming she is able to prove you are currently maintaining valid H-1B status in the US.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Your wife should be able to get an H-4 valid until September 30.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline