My last H1B was till 12/13/2011 and extn application filed 1st week of Dec. My Wife's H4/I-94 which also had a last date of 12/31/2011. She got job in a company in end of November last year and they applied for her H1B on premium processing on 12/09/2011. We thought that she'll get approval before dec as it was premium processing,So We did not apply for H4 extension with my H1. but that did not happen,she got approval on 1/3/2012.
Following questions -
does that mean she is out of status for Jan 1 & 2? Can we use her H1 application receipt as proof that she did not stay out of status? could this effect anything on my future I-485? If this is out of status case,could I apply now H4 extension to cover her for that 2 days with my H1 extension which is already in progress?