Jibtma, Please have a good explanation for your wife being out of status. Financial hardship, healthcondition, kids, political situation, stress relationship with spouse are good excuse. Since she is still going school that might see that as an intention of being in student status. Supporting documents can be helpful in this matter. If this is due to financial hardship she can request for a work permit for one year also. If things were beyond her control then they may consider. I am not sure if your H1 can be affected depends on the officer. If they decide to take an action then they may start to process your wife. Please check with good lawyers they can be big help in this matter. akatwalifegood@aol.com