New I 539 filed after I94 expiry, can a minor stay in US till decision is pending?

UPDATED: Oct 1, 2022

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New I 539 filed after I94 expiry, can a minor stay in US till decision is pending?

I have my H1 extension along with my son’s H4 extension going on since an year now. Since the decision was getting late, we applied a new 539 to file my son as dependent of my husbandhe has approved H1. The new 539 application was filed in September, after I-94 expiry in Feb. If my H1 extension gets denied, can my son still stay back here as his new application is still pending decision? He is 7 year old and doing his elementary here.

Asked on November 1, 2017 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

i would suggest that you follow up on the initial extensions because it really should not be taking a year to get these adjudicated.  i don't know if the new i-539 you filed would be any good since it was filed so late after the expiration date on the i-94 but if the initial extension was filed on time, then you should be covered.  also, your own employment is only valid for 240 days after the expiration date on your h-1b when you file the extension so you need to check on that.  try doing an inquire with uscis or make an infopass appointment with the local office.

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