H4 Visa and 240 days of stay upon I-94 Expiry


My H1B extension+H4(for wife) filed on May 16th,2019 and only H1B got approved on May 22nd, 2019 in PP. My wife’s biometrics done on June 12 and since then waiting. Meanwhile both of our I-94 expired on June 23rd.

My Concerns

  1. About my Wife stays in the US as her I-94 expired. My attorney said she is good to stay for 240 days from the date of filing. But still, I am worried. Hence reached you, if you can throw some light on this.

  2. Now if any travel needed while H4 extension pending, can she go for H4 stamping with only H4 receipt notice and my H1 approval notice? My immigration team said no. But reading a few discussions in your page looks like she can get it stamped with my H1 approval copy. Please advice.

  3. Now if we wait for her H4 extension approved and then travel to India and get stamping and then while returning back to the US, will officer ask her questions about this stay beyond I-94? If so then what it would be the best response? Please advice.

  1. She can stay until the decision on her petition. There is no restriction on her for 240 days. She will be in period of authorized stay. Read more on Out of Status vs Period of Authorized stay

  2. Yes, she can. We have many users, who have gone for it and got it in dropbox. Read H4 Dropbox Experience

  3. No, she was in period of authorized stay, so it will be fine. She cannot stay after the denial. Read the above article that I have in point 1.

Thanks Kumar. These are very much insightful

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One more thing is, if she travels outside US while H4 extension(only H4 and no H4EAD) is pending, will it be abondend? Then again it needs to filed once she returns back to US?

All of these are addressed atTravel Out of US with H4 and H4 EAD pending