Hi,
My dependents filed H4 back in 06/21/21. They are still not processed. How long they can be treated as legal to stay in US when its primary H1b is approved until 2024. I heard about 240 days rule, but as USCIS itself not processing the cases in less than 240 days what are my options to not get into any issues for them to leave the country.
Thanks,
Cha.ndu
While extension of status application is pending, they can stay in the US as the period is considered period of authorised stay. The unlawful presence accrual start from the day the EOS application is denied. Once you exceed 180 days of unlawful presence you can be barred from entering back to the US. In your case you don’t have to worry at all.
Thank you for the clarification in a quick time, While these are still pending can I do the following?
Apply H4 EAD for spouse? Is it suggestable now?
Plan a travel outside of USA while the petitions are still under process?
Thank you in advance.
Cha.ndu
Yes you can apply with a pending H4 EOS if primary H1B has an approved I-140.
This should be ok provided you have a valid visa to enter back unless you are visiting bordering country like Canada or Mexico where you can use AVR if your visa is already expired.
Thank you for your response. H4 visa’s are still a month away from processing as per current time line. Though the H1 is approved, travelling in May/June to India is suggested assuming the H4 will be approved? or a risk? Please clarify. Thank you.
What would be the risk if you travel after approval? You tell me 
Sorry my question was wrong, given the current delays in processing of H4 applications in Texas Center(still month away from the current date) and drop box appointments availability at Embassies during May/June my question was is it ok to plan a travel to India during May/June time frame? I know this is kind of hypothetical. Appreciate your time. Thank you.
You may travel while the H4 extension of status application is being processed by UCSIC, no issues.