Does the 240 day rule applies to H4 extension (I-539)

USA H4 Visa
1

My H1B was filed with extension + amendment, hence I’m eligible to stay beyond 240 days.
We both (H1B & H4) filed the extension 3 months before our I-94 expired. Can my dependent on H4 who filed for extension via form I-539 can too stay beyond 240 days until we get a response from USCIS?

2

Hi @IamIndian

H4 can also stay as long as H1B can stay in US after 240 days.

Similar case:

3

Thank you Anil. Appreciate your response.
May god bless you.

1 Like
4

I have filed for extension in Dec 2018 and got an RFE. Responded to that RFE in March 2019 and since it was taking long filed for Premium processing in June end.

This got approved in first week of July. But my wife’s H4 VISA is still in pending status and the case status shows as “In December 26, 2018, we received your Form I-539, Application To Extend/Change Non-immigrant Status, Receipt Number …”.

The issue is by this week end our 240 days will expire and not sure if H4 will be out of status and should my wife need to leave US? Really appreciate if someone can help me on this?

5

Hi @Sunooj

I moved your question here as it has already been answered above.