H4 extension applied---Current I-94 expired

[sandeepjoshi1011]

Hi,

 

My dependents H4 extension was filed in Nov 2014 before their I-94 expiry date on Dec2014.

Now it has been six months and no decision is made yet by USCIS.

On their website the status is case was received.When I called them they said they are currently processing Sep2014 cases.

I am on H1B and my H1B has already been extended till 2017.

 

My questions are:

 

1.How long my family can stay before USCIS decision is made.

2.Does it happen USCIS takes too long and go beyond the timeline by which H4 can legally stay.

3.After 6 months what is the wise decision.Wait for more days or go back to India and get stamping.

4.If family goes back to India what do i need to do with current extension apllication?Will there be any problem in doing stamoing in India for H4 extension(H1 extension already approved and got H1 I-94)

 

Please help as I am unable to make any decision.

Thank you!

[jairichi]

1. 180 days.

2. Refer 1.

3. Exit and enter US with a valid H4 visa and a copy of spouse's I797.

4. Refer 3. No issue.

[sandeepjoshi1011]

Hi,

Thanks a lot for your reply!

 

1.Is it 180 or 240 days.When I inquired in my company,they say you can stay till 240 days after I-94 expiry.Please advice what is the correct number.

4.Do I need to cancel current extension application with USCIS before exiting country or simply my family can exit without having to do anything with extension application.