H1 to H4 - while spouse H1 is under extension

USA H1B Visa
1

I am on H1 visa and filed an extension(regular mode) on Sep 2015 (Still the status is ‘Case was received’).

My wife is on H1 visa(through her employer) and my kid is on H4 as her dependant. My wife is planning to quit the job for personal reasons and I need to raise a dependant visa for both my wife and kid.

My questions are

  1. Can I raise a H4 dependant visa request for my wife and kid as my H1 extension is still in progress

  2. Can I ask my employer to upgrade my H1 extension to premium so that there will be a status on me extension and I can proceed with the H1 to H4 conversion for my wife/kid

  3. What is the risk of getting an RFE if I upgrade my H1 extension from ‘Regular’ to ‘Premium’ ?

2

  1. You can. Submit a copy of your extension receipt to show that is pending. It would be COS for your wife and EOS for your dependent.

  2. That is also a good idea. If you or employer are willing to spend that money, then go for it. It would provide more clarity

  3. There is no additional risk. RFE could be issued even during normal processing, and it could be approved w/ no intermediate RFE after upgrade.