I-140 Approved in grace period after H1 expiry and H1 extension applied before I94, what to do?

[Cmurthy]

Hi,

My I-140 is approved after my H1 expired (completed 6 years on H1 including India visits) and when I'm in grace period of 10 days. There was a delay of 10 days by USPS to deliver an RFE document to USCIS that caused delay to get my i-140 approval before my H1 expiry. And in the grace period, my employer applied for H1 extension and the package reached the USCIS.

1) Now since the package for extension is delivered to USCIS before my i-94 expiry, am I good to stay in US to see the approval on extension and start working after approval?

2) My employer had not applied for H4 extension for my wife and son in my H1 validity period and I had got H4 extension applied under Nunc Pro Tunc and the application is in process. Now when they applied for extension after getting i-140 approval in the grace period, they again have not applied for H4 extension. They are already accruing the unlawful presence now. Would I be able to apply for their h4 extension in Nunc Pro Tunc or we all should exit the US asap?

Edited September 8, 2020 by Cmurthy

[Zodiac System]

On 9/8/2020 at 7:58 AM, Cmurthy said:

Hi,

My I-140 is approved after my H1 expired (completed 6 years on H1 including India visits) and when I'm in grace period of 10 days. There was a delay of 10 days by USPS to deliver an RFE document to USCIS that caused delay to get my i-140 approval before my H1 expiry. And in the grace period, my employer applied for H1 extension and the package reached the USCIS.

1) Now since the package for extension is delivered to USCIS before my i-94 expiry, am I good to stay in US to see the approval on extension and start working after approval?

2) My employer had not applied for H4 extension for my wife and son in my H1 validity period and I had got H4 extension applied under Nunc Pro Tunc and the application is in process. Now when they applied for extension after getting i-140 approval in the grace period, they again have not applied for H4 extension. They are already accruing the unlawful presence now. Would I be able to apply for their h4 extension in Nunc Pro Tunc or we all should exit the US asap?

Regarding your question 1, I believe you are good, as it is an extension.  

https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/67-extensions-of-stay-for-other-nonimmigrant-categories

Regarding your question 2, did you tell your employer that H4 too had to be renewed/extended?  Wonder why they would not apply extension for the whole family simultaneously ........ You said that your H4 extension applied under Nunc Pro Tunc is still in process.  If you have the receipt number, you can try applying for H4 extension with its help .... (but not sure), check with an attorney.

 

Lets see what other experts advise.