H4 can stay up to 240 days after i94 expiry - legally
USCIS says that a person is considered OUT-OF-STATUS after 240 days of i-94 expiry.
This too, when you have filed the extension application before your i94 expiry and have not received any final result.
USCIS also claims that it is THEIR discretion, if they want to allow you to stay in the US after those 240 days.
H4 dependents are allowed to stay beyond 240 days - real world
In the real-world, the H4 dependents are ALLOWED by USCIS even after 240 days (of i94 expiry) to stay in the US, as long as their primary H1B’s visa is VALID.
USCIS processing time update
Unfortunately, USCIS does not reveal as to when they will process your application. You can just guess based on the current H4 processing time.
H4 USCIS case Inquiry if your case is pending for more than the normal processing time
You can open a case Inquiry with USCIS to check why your case has been pending for such a long time if it is past the date mentioned on above H4 Processing time page.
I strongly recommend to do case Inquiry in your scenario.
Thanks for the quick response. I tried to put case inquiry through the link, but is responds that the petition is currently withing posted processing time, inquiry may not be created at this time.
What does this means “withing posted processing time”, is there any specific number of days I need to wait to put inquiry?
Contact USCIS Customer Service at 1-800-375-5283 and you should hear an automated voice assistance. Provide the case number, and it will go through some automated answers, request to “talk to a representative” . You have to try multiple times as the system will not oblige to the request if there are too many people in queue, but keep trying until you get hold of a person to talk to. Good luck!
As per below note, H4 extension decision not yet received and we may cross 240 days.
however respective primary H1 has been approved. we needs to take care any action for below point?
or simply we can stay and wait for the approval?
H4 dependents are allowed to stay beyond 240 days - real world
In the real-world, the H4 dependents are ALLOWED by USCIS even after 240 days (of i94 expiry) to stay in the US, as long as their primary H1B’s visa is VALID.