Can a H4 can stay after I-94 expiry if an extension is filed


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Hi All, 

My wife's H4 extension petition is filed along with my H1 transfer to a new employer,  assuming that the H1 doesnt get approved before our I-94 expiry date, 

a. can she stay in US along with me till a decision is made  Or does she need to leave before the i-94 expiry day ? 

b. If she can stay,  is it the same 240 day rule which is applicable to them as well,  240 day rule or denial date whichever is first ? 

 

 

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14 hours ago, SaiKumar86 said:

Hi All, 

My wife's H4 extension petition is filed along with my H1 transfer to a new employer,  assuming that the H1 doesnt get approved before our I-94 expiry date, 

a. can she stay in US along with me till a decision is made  Or does she need to leave before the i-94 expiry day ? 

b. If she can stay,  is it the same 240 day rule which is applicable to them as well,  240 day rule or denial date whichever is first ? 

 

 

a. Yes. She can stay based on receipt.

b. There is no 240 days limit for H-4. Even for H-1 240 day rule is to stop working, but still the H-1 can stay in US past 240 days.

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