I’m currently on H1B in US (valid visa until Jan’19) and my employer is filing my extension under premium processing next week. But, my wife (H4 visa until Jan’19) is currently outside USA and planning to come back to the US in October’18.
So, would I still be able to file I-539 along with my extension for dependents while they are outside US?
If not, what are her best options now to extend her H4 status?
i539 H4 Extension can be filed only if you are inside USA
Your wife (H4 dependent) can file for H4 extension using form i539 only when she is already in USA.
H4 extension outside USA - Use H4 visa stamping at US embassy using approved H1B i797
If she is outside USA, she can get a new H4 visa stamp using your approved h1b-extension i797 approval notice.
Form i539 extension is only possible is she is in USA.
Enter US with valid H4 while H1B extension is pending?
Yes, H4 can enter US anytime their own H4 visa is valid.
Remember, your H1B extension is for future period of time after your current H1B approval expires.
So, there is no need to worry. Your H4 spouse’s visa most probably has the same validity date as your H1B. Right?