I94 Expired I539 Extension

[sundarraj]

Hello,

    My I94 will get expired in 2 weeks and my I539 extension is in pending state. Now if iam not getting my I539 approval notice within 2 weeks i can stay 240days legally in USA is that correct? And During the time (My I94 expired and till the time i get I539 approval notice) do i need to carry any supporting document stating that i can stay legally in US?

 

--Sun

 

[catx]

It is my understanding that an I-539 - Extension of stay for H and L dependents petition filed and received prior to the expiration of the current visa and I-94 card that is associated with a corresponding I-129 - Specialty occupation - Extension of stay in the U.S. petition filed for the primary H-1B holder allows the same 240 day period of authorized stay as the primary H-1B holder.

 

The supporting documentation, in addition to passport, visa, and current I-94 card, is the I-797C, Notice of Action for the I-539 - Extension of stay for H and L dependents petition filing (with the receipt number and received date).

 

My wife and I are in the same situation as of the end of the month.