540/180 day rule

[jss0910]

my I 94 has a Admit until date of 10/31/2017. We have not travelled outside of USA after this date. Will I qualify for the 540/180 automatic extension work EAD even with this I94 if my H4 application(I539) and EAD application(I765) is pending with the USCIS ? But My husbands visa renewal is complete. 

Thanks in advance 

[Attorney_6]

For automatic EAD extension to apply, H-4 dependent spouses need to have an unexpired Form I-94 indicating valid H-4 nonimmigrant status. If you never traveled since your previous timely filed and approved H4 extension, you would have an I-94 attached at the bottom of that 797A notice and that would be the I-94 that is latest in time and governs. I would recommend you contact our office to speak to an attorney and discuss your specific situation if you have additional questions.