Stay in US while H4 application in progress

[bstrider]

Hi ,

My wife's H4 was applied in Oct 2016 and her I94 expired in Dec 2016. It was filed along with my H1 in premium though my h1 was approved,  her case is still showing as pending. Since we applied for her H4 extension before the i94 expiry we know that she can stay as long as the case is pending with USCIS. But even after couple of service requests, her case still seems to be pending and now it is nearing 8 months period. Can she stay beyond 8 months (240 days) ? Will she be considered out of stay beyond this period ? Please clarify. 

 

Thanks,

[shekar11#]

She can stay. 240 day rule is for H-1. They can stay but cannot work after 240 days.

[bstrider]

thanks a lot for the response.