My Wife is on H4 EAD that expires in May.Her H1B COS extension based on I140 is pending with USCIS.what happens to status if H1B approval is not obt

  The law generally allows an individual to remain in the US during the time that a timely nonimmigrant change of status or extension request is pending with U.S.C.I.S., so the fact that the H-1B approval may not be obtained by May is no hindrance to her ability to stay in the States. However, she would no longer have employment permission. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.