If she departs the U.S. while her application for extension of H-4 is pending, her application (I-539) will be considered abandoned. I think you have a couple of options: (1) Expedite your I-129 by filing Form I-907 and paying an additional $1,225, so your wife's extension would hopefully be approved before she leaves the U.S. With an approval for H-4, she will be deemed in status from September 25, 2012 to September 25, 2015, and you'll have that much more certainty that the U.S. consulate in India will issue her a new H-4 visa.... or (2) She leaves the U.S. as planned, her application will be considered abandoned, she waits in India until your H-1B extension is approved, and then applies for her H-4. Your wife will be deemed to have been in lawful status during the time her I-539 was pending, even if ultimately not approved. In deciding between (1) and (2), you'd consider the cost of expedited processing and how long your wife needs to stay in India.
Answered on Jan 10th, 2013 at 8:30 AM