Can H4 stay after 240 days after i94 expiry

My H1b extension was filed on March 7 2018. My i94 got expired on March 27 2018.

Dependents extension (I539) was also filed on March 7 2018. Their i94 also expired on March 27 2018.

Our case was filed at California service center. On October 1 2018, due to high work load, both of our petitions got transferred to Nebraska. Employer did not convert it into premium since it is still considered as California based petition and premium is not eligible after September 11.

My 240 days is ending on November 22 2018. I got RFE on Nov 6 2018. Employer is yet to file response

I am aware that I will not be able to work after November 22 2018. But employer advised that I can stay in Loss of pay in the US until USCIS gives final adjucation on my petition


  1. In this scenario, are my dependants in H4 allowed to stay along with me legally after these 240 days (Nov 22) and wait in the US until they hear back the final results? OR Should I send them back to our home country before 240 days (Nov 22 2018)?

  2. Given the NTA situation effective for i539, but not for employment based petitions, I am so much confused to keep them here or to send back to home country. We do not have i140/EAD. Please clarify ASAP.

  1. Technically, they are your dependents and your status applies to them as well. The 240 days rule is general rule and not specific to H1B alone. Check NTA Policy Roll out info