I94 expired for H4, app sent on 8th day

[trushna]

HI,

I am on H4 and my I94 expired 7 days ago. Lawyer filed for extension of status under Nunc Pro Tunc on 8th day. Is there anything such as 10 days grace period for I539 filling? If yes/no what are my chance of getting an approval. How much time should it take?

Thanks!!!

[shervin143]

There is no such grace period. The extension of status should be filed before the current I-94 expiry date to get a successful extension. You need to wait to see if Nunc Pro Tunc works in your case or not. It takes about 2-3 months to get the decision. If the extension is denied, then the time spend in U.S after the I-94 expiry date will be treated as illegal stay.