Does 240 day rule apply here for H4 to stay as H1b have valid documents?

Hi Anil,

I have a situation here as current H4 extn is expired on 11/17/2019 (i.e. same date as for I 94 and 6th year of H1b too).

We have applied H4 extn in 09/06/2019 after H1b extn and I 140 approvals and its still pending to get approvals for H4 extn.

Question here is

  1. “Does 240 day rule apply here for H4 to stay as H1b have valid documents?”

  2. if not, what are the options we have.

Can you please provide your thoughts. Thx.

Hi @sridharmf

Yes, the 240 day rule applies for H4 as well. In-fact, H4 can stay in US even after 240 days if H4 extension is pending. No need to worry.

Thx Anil for quick response. i was bit worried as initial H1B - 6 year duration is completed and I 94 expired where H4 still pending. Thx again.

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My H1B visa got approved in May 2020, New I-797 is valid until September 2023. My wife H4, H4 EAD in process, waiting for bio metric letter…Since there ts 14 months waiting for H4 Visa at California Center. I know we cannot work until you get new H4 EAD Approval or card. H4 Visa ( I-94 is valid until 30th Sept).

So can H4 visa holder stay in USA until its approved, based on H1B Approval notice ?

Yes , H4 petitioner can stay in while H4 petition is in progress.