H1b extension - Stay after 240 days period


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Hi everyone.

I have a question.

My spouse current h1b petiton got expired on Apr 2020 and the I94 got expired on Aug 27th 2020. Their firm had applied for h1b extension but there is a long delay for more than 9 months.The 240 day period from the start of the h1b petition expiry date (Apr 2020) will be expired on Dec 12th. 


1. How long my spouse can stay in US legally after Dec 12th considering the h1b decision is still pending from USCIS?

2. Does the 240 days grace period starts from the I94 Expiry date(Aug 2020) or the H1b petiton expiry date( Apr 2020).

Appreciate your insights.

Thank you!

Edited by Sachin777
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