Can H4 dependent stay beyond 240 days


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Posted

Dependent Visa (H4) - I94 expiry - March 16 2020

Dependent H4 extension filed on Feb 3 2020 (before I94 expiry) along with H1 extension.

Current status

                          a. Dependent H4 extension - Under processing with USCIS (close to 6+ months)

                          b. Primary Applicant - H1 B visa approved in June 2020 and valid until 2022.

Question:

1. Is the 240 day rule applicable for H4 (Dependent) visa?

2.  Will H4 Dependent be consider out of status after 240 days:

                        a. If H4 case is pending with USCIS despite H1B (primary applicant) visa approval?

                         b. If H4 i94 is expired, H4 visa stamping in passport is expired but H4 extension is still pending with USCIS?

  3.  Should a B2 visa be filed when H4 extension case is still being processed by USCIS and is beyond 240 days? Assumption is that this B2 (Tourist visa) is an interim option to maintain legal status for H4 dependent

 

Thanks for your time & support!

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