H4 Visa expired, I-797 valid, H1 job loss


I lost my job on H1 and am currently in the 60-day grace period. My last employer did not file H4 when I switched employers last year, so my wife has a valid I-797 from the previous employer, which is valid until Jan-2021. She has not traveled outside the US in the last 3 years, so her H4 passport visa stamp has expired.

Is she accruing unlawful presence and what is the next best course of action?

Appreciate your help.


H4 is dependent on H1B status. If you can’t restart your H1B payroll by 60th day, you both will be ‘out of status’.