Immigration Site

I just learned terrible fact that my wifes I-94 has expired on 03/10/2010. She is currently on H1B visa which is in the process of being extended for another 3 years. Her employer applied for H1B extension on 03/24/2010 and is still pending today. I am about to become USC and will apply for her greencard. Based on timelines, I will be USC in last week of september 2010 and then I can apply for her greencard.

Based on my reading, I understand that she has already started accumulating "Illegal Stay". She is still under 180 day of illegal stay and beyond which she might trigger 3 year ban if she leaves the country.

Can she apply for I-94 extension today and stop accumulating illegal stay? What else can be done to stop the damage? She cant leave the country and return because her H1B hasnt come through yet. Any advice?

She should not travel until you become a US citizen. Then file for her GC. That is the most practical advice for her case. Her H-1B extension might not get approved seeing that it was applied for after her I-94 expired.

Any advice?

Can she apply for I-94 extension today and stop accumulating illegal stay? No, too late and redundant. Her employer already applied for an H1B extension, but it was applied after the previous one expired, so she continues to accumulate unlawful presence since March 03/10/2010, and the only way* to stop accumulating it is for her to leave the country or file an I-485. But she cant file I-485 until you become a US citizen.

*assuming no unusual means are available to her, such as applying for TPS as a Haitian

Her H-1B extension might not get approved seeing that it was applied for after her I-94 expired. And even if approved, I dont think it would put her back into lawful status unless she left the US and reentered with the approved H1B.