H4 Renewal

[pali]

Hello can anyone tell me the procedure to file I-539. I overlooked my wife's H4 visa (assumed visa will be renewed when i get my H1 renewed at consulate). I am looking for information to file for I-539

Also My wife's visa expires on Dec 9th 2007 (I94 expires on Dec 20th 2007). Is it possible for my wife to stay beyond Dec 20th if i dont receive the H4 renewal by that date. I am planning to file I-539 by Nov 8th 2007

Thanks in advance

[BMS1]

If you file the extension before expiry of the current I-94, you will be OK. It can be approved even after the expiry. She will be considered to be legally present without gap, if extension is granted.

[pali]

Also can you let me know if its OK for my wife to stay legally here with the receipt from the I-539 filing. The processing time at California center says they are currently processing I-539's from June'07
Thanks

[BMS1]

Yes, She can stay legally. There can be some minor complications if she needs travel out of USA after Dec 20 but before extension is granted.

[pali]

Thanks again BMS1,

Can you let me know what documents are required to file I-539
Thanks again