H4 overstay legal period after I94 expiry

USA
1

Hello Sir,

Could you please update over how long maximum H4 can overstay legally in USA without filing extension after I94 expiry?

Can H4 extension be applied after their (H4) I94 expiry in USA without issues if H1B is having approved petition and H4 dependent is in USA?

Thanks in advance.

1 Like
2

H4 cannot stay in US if the extension was not filed before i94 expiry.

The only option is to file H4 with NPT option but in that case too, we suggest to leave US before 180 day mark if decision is still pending.

3

Thanks Sir. However if H4 filed and filing fee deducted from account as well but receipt notice didn’t receive before I94 expiry. In this scenario whether H4 can stay continuous in US till receipt notice to receive and further till result will be finalized by USCIS. I know beyond 240 days too H4 can stay if result is pending at USCIS end and H1B approval is already there. I hope in this scenario H4 can stay beyond I94 expiry. Please update sir if this is incorrect. Thanks for quick assistance.