My wife is currently on H1B visa. Her I-94 will be expired on Aug31st 2010. Extension is filed two months back but have not received any response yet. I understand if her I94 is expired and application is pending she can still legally stay in US. But looking at current trend for CSC it might take few more months for extension approval.
Can she apply for H1 transfer AFTER her I94 is expired (i.e.after 1 SEPT 2010, while extension application is still pending)? What are the chances of getting it approved? And if none of this works and if she go back to India for H4 stamping will there be any problem of overstay?