H4 Extenstion status is pending for more than 8 months

[chandusangi]

I filed a H4 extenstion for my family in Oct 2014 before I 94 expired.when i spoke to the USCIS they said my family can stay in USA till application gets approval / rejection.
It is more than 230 days and still in processing status.

I have received a email from my employer and asking my family to leave USA immediately, since H4 extension status is pending for a longtime ( 240 days time period) and can not stay in USA

I would like to know can my family stay in USA till we get final notice or has to leave once the 240 days period is over?

My H1 is valid till Oct 2015 .

Please advise.

[shervin143]

What were you doing all this while? You should have contact USCIS immediately after 90 days past the receipt date. 240 days is a very long time to stay in the country with an expired I-94. If the H4 extensions doesn't get approved with a new I-94, then all the time spent in U.S after the last I-94 expiry date will be treated as illegal stay. Also, if they leave the country now, then the extension would get denied since there are no longer in U.S and will make their stay illegal. Your best option is to follow-up with USCIS asap and try to get the extensions approved. An illegal stay of more than 180 days can result in a 3 year ban. I suggest you get the help of a good immigration attorney.

[chandusangi]

Thank you. I spoke to USCIS in April 2015 and she said still my application is in pending status and my family can stay till we get final confirmation.
I will call them again on Monday to track the status of my application.

As per USCIS site they have processed applications till 29th September 2014.

[chandusangi]

application got approved.

[kabkaba]

240 day limit does not apply for dependents. It only applies to working (not staying) for the H1 principal.