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ravi0605

Can H4 dependents stay after 240 days if the H1B applicant extension is approved? 

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Hi All,

Its being 4 months completed to file my dependents extension still biometric is not done due to long waiting and I am not sure when I will 
get the biometric appointment letters and maybe due to that approval won't come within 240 days.

Can H4 dependents stay after 240 days if the H1B applicant extension is approved? 

Thanks

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As long as the H4 dependent has a timely and properly filed I539 change/extend status application filed, they are OK. They may be out-of-status but will not be accruing illegal stay. Of course there are other issues that may come into play such as loss of Driver's License (depending on individual state rules) so you may want to consult your attorney to see if they can takes steps to expedite the H4 extension.

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