Is 240 days rule post I94 expiry applicable for H4 as well?

[veemi002]

My H1B extension is in progress  (i94 expired on Mar 20, 2019)  and it is in RFE currently. We have responded to RFE also on May 23rd, 2019 and waiting for USCIS decision. Since i94 expired on March 20, 2019, 240 days period post i94 would reach around November 20, 2019. My kid's H4 is under my H1B currently.

 

Now if I file my kid's H4 under my wife's H1B with his previous approved petition and current h4 receipt notice. is he can stay in USA post Nov 20, 2019 (240 days of I94 expiry) even though his I539 which we are filing now is not approved by that time?

[newacct]

The 240 days is about an extension employment authorization. H4 are not authorized to work because of the status alone, so there is no employment authorization to extend in the first place.

The 240 days has nothing to do with how long one can stay in the US. One can always stay for as long as a timely-filed Extension of Status or Change of Status application is pending, no matter how long it takes, regardless of what status one is in.

[shekar11#]

22 hours ago, veemi002 said:

My H1B extension is in progress  (i94 expired on Mar 20, 2019)  and it is in RFE currently. We have responded to RFE also on May 23rd, 2019 and waiting for USCIS decision. Since i94 expired on March 20, 2019, 240 days period post i94 would reach around November 20, 2019. My kid's H4 is under my H1B currently.

 

Now if I file my kid's H4 under my wife's H1B with his previous approved petition and current h4 receipt notice. is he can stay in USA post Nov 20, 2019 (240 days of I94 expiry) even though his I539 which we are filing now is not approved by that time?

H-4 can stay in US post 240 day period. Even H-1 can stay but cannot work.