H4 staying beyond 240 days with H1s previous approved i94

[Raj910]

Hi
My H1B old petition has i94 validity till 06/2021 which I applied only for me.
I relocated to another location and applied for amendment/extension for me/H4(H4 i94 expired 06/2019)
My current amendment is in RFE which I will reply only by 03/2020.
By the time USCIS takes a decision H4s i94 would have crossed 240 days.
My question is that whether H4 can stay beyond 240 days with my old petitions i94 which valid till 06/2021?

Thanks.

[flyingron]

If you entered legally and have a proper AOS filed, you are not officially accruing illegal presence. As long as you don't leave the US, you are fine. Of course, if your adjustment gets turned down it will be retroactive back to when you were out of status originally.

[newacct]

If you entered legally and have a proper AOS filed, you are not officially accruing illegal presence. As long as you don't leave the US, you are fine. Of course, if your adjustment gets turned down it will be retroactive back to when you were out of status originally.

OP has EOS (Extension of Status) filed, not AOS. And if a non-frivolous EOS/COS/AOS is denied, unlawful presence starts accruing as of the date of the denial, not as of when their I-94 expired.

[newacct]

Hi
My H1B old petition has i94 validity till 06/2021 which I applied only for me.
I relocated to another location and applied for amendment/extension for me/H4(H4 i94 expired 06/2019)
My current amendment is in RFE which I will reply only by 03/2020.
By the time USCIS takes a decision H4s i94 would have crossed 240 days.
My question is that whether H4 can stay beyond 240 days with my old petitions i94 which valid till 06/2021?

Thanks.

You can stay in the US for as long as an Extension of Status application is pending, no matter how long it takes (even if a year). This is true for all statuses.