my case:
1) apply h1b transfer this Jan, at the same time did h4 for wife.
3) new company filed perm + 140 and both got approved by end of jun
2) this july h1b trasfer approved without I94. lawyer filed motion to reopen because its uscis mistake.
3) this aug lawyer filed h1b 3 years extension based on approved 140. also did h4 3 years extension.
4) on Sep 1 notice of h4 transfer deny received because of h1b transfer without new i94
5) on Sep 2 both motion to reopen and h1b 3 years extension got approved. two i797 approval notice received with 2 new i94.
question: if h4 3 years extension gets approved in coming days do i still need to file motion to reopen to fix wife's h4 transfer case? - If current I-94 of H-4 expired before the 3-yr EOS was filed, there is chance the I-539 may be denied. The attornet should motion the denied H-4 application rather than filing a new one.
my concern is if we don't there will be a gap in my wife h4 status. maybe some bad impact for her future 485?
thanks a lot.
